Indiana Statutes
§ 8-1-30-6 — Municipal requirement to sell utility property
(a)This section does not apply to the following:
(1)A municipality that, as of July 1, 2012, had established and
operated a water utility.
(2)An action brought under:
(A)IC 8-1-2-92;
(B)IC 8-1-2-93; or
(C)IC 8-1.5-2;
before March 1, 2013.
(b)A municipality or other governmental unit may not require a
utility company that provides water or sewer service to sell property
used in the provision of such service to the municipality or
governmental unit under IC 8-1-2-92, IC 8-1-2-93, or otherwise,
unless:
(1)the commission has made all necessary findings under section
4 of this chapter; and
(2)the procedures and requirements of this chapter have been
complied with and satisfied.
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Related
Utility Center, Inc. v. City of Fort Wayne
868 N.E.2d 453 (Indiana Supreme Court, 2007)
Utility Center, Inc. v. City of Fort Wayne
834 N.E.2d 686 (Indiana Court of Appeals, 2005)
Legislative History
As added by P.L.145-1999, SEC.7. Amended by P.L.270-2013,
SEC.3.
Nearby Sections
15
§ 8-1-1-11
Staff of commission§ 8-1-1-12
Repealed§ 8-1-1-13
Repealed§ 8-1-1-14
Annual report§ 8-1-1-15
Implementing rules; duration§ 8-1-1-16
Commission to consider effect of governmental requirements upon
utility's operational expenses§ 8-1-1-4
Repealed§ 8-1-1-4.1
Payment of expenses§ 8-1-1-6
Repealed