§ 8-1.5-2-15 — Condemnation; authorization

Indiana § 8-1.5-2-15

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 2: Transfer, Acquisition, and Improvement of Utilities by

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(a) This section applies 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) this chapter;
before March 1, 2013.
(b) If the municipality and the owners of a public utility are unable
to agree upon a price to be paid for the property of the public utility, the
municipality may:
(1) by ordinance declare that a public necessity exists for the
condemnation of the utility property; and
(2) bring an action in the circuit or superior court of the county
where the municipality is located against the utility for the
condemnation of the property.
(c) An ordinance adopted under subsection (b) is final.
(d) For the purpose of acquiring the property of a public utility, the
municipality:
(1) may exercise the power of eminent domain in accordance with
IC 32-24; and
(2) is required only to establish the necessity of taking as this
chapter requires.
(e) The provisions of this section do not apply to the acquisition of
electric utility property or the assignment of service areas covered by
IC 8-1-2.3 and IC 8-1-2-95.1.
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.2-2002, SEC.38; P.L.270-2013, SEC.5.