§ 8-1-2-93 — Acceptance of indeterminate licenses, permits, or franchises; effect

Indiana § 8-1-2-93

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

(a) This section does not apply to a public
utility that provides water or sewer utility service unless:
(1) the commission makes a finding under IC 8-1-30-4; and
(2) the procedures and requirements of IC 8-1-30 have been
complied with and satisfied.
(b) Notwithstanding subsection (a), this section does apply to the
following:
(1) A public utility to the extent that the public utility provides
water or sewer utility service in or contiguous to a municipality
that, as of July 1, 2012, had established and operated a water
utility.
(2) An action brought under:
(A) section 92 of this chapter;
(B) this section; or
(C) IC 8-1.5-2;
before March 1, 2013.
(c) Any public utility accepting or operating under any
indeterminate license, permit, or franchise granted after April 30, 1913,
shall by acceptance of any such indeterminate license, permit, or
franchise be deemed to have consented to a future purchase or
condemnation of its property including property located in contiguous
territory within six (6) miles of the corporate limits of such
municipality by the municipality in which such utility is located, at the
value and under the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall thereby be deemed to
have waived the right of requiring the necessity of such taking to be
established by the judgment of a court, and to have waived all other
remedies and rights relative to condemnation, except such rights and
remedies as are provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as
applicable, and shall have been deemed to have consented to the
revocation of its license, permit, or franchise by the commission for
cause.
Formerly: Acts 1913, c.76, s.102; Acts 1933, c.190, s.12. As
amended by P.L.59-1984, SEC.41; P.L.172-2009, SEC.2;
P.L.270-2013, SEC.2.