§ 36-9-25-30 — Construction of sewers, drains, or appurtenances; procedure

Indiana § 36-9-25-30

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 25: Sanitation Department in Certain Cities

Text

(a) If the board finds it necessary to build,
alter, or repair a sewer, drain, or appurtenance used in connection with
sewage works in a public way or other public place in the district or a
highway outside its boundaries, it shall file with the works board of the
municipality, or the executive of the county in which the municipality
is located, a petition and a map showing the route of the sewer or drain
or the location of the structure or appurtenance proposed to be built,
altered, or repaired, including the part of the public way or other public
place to be used in the work. That body shall then adopt a resolution
granting the board the right to use the public way or other public place.
(b) If the board shows in the petition that it is necessary to open or
vacate a public way or public place, the appropriate body shall
promptly begin the proceedings necessary for the opening or vacation.
Within a reasonable time after the completion of the work, the board
shall restore the surface of a public way or public place to the same
condition that it was in before the performance of the work.
(c) If the land on which it is necessary to build, alter, or repair a
sewer, drain, structure, or appurtenance in connection with the sewage
works is already in use for another public purpose or has been
condemned or appropriated for a use authorized by statute and is being
used for that purpose by the body appropriating it, the public use or
prior condemnation does not bar the board from condemning the use
of the land for purposes in connection with the sewage works.
However, the use by the board does not permanently prevent the use of
the land for the public use or by the body condemning or appropriating
the land. In addition, in a proceeding prosecuted by the board to
condemn the use of the land for purposes permitted by this chapter, the
burden is upon the board to show that its proposed use will not
permanently interfere with the continued public use of the land or by
the body condemning it, including its successors.
[Pre-Local Government Recodification Citation:
19-2-14-22.]
As added by Acts 1981, P.L.309, SEC.98.