§ 8-1.5-2-15.5 — Condemnation of public utility

Indiana § 8-1.5-2-15.5

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

Text

5. (a) This section does not apply to the
following:
(1) A municipality that, as of July 1, 2012, had established 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.
(3) 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.
(4) The acquisition of water or sewer utility property, unless the
requirements of IC 8-1-30 are satisfied.
(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 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) For the purpose of acquiring the property of a public utility, the
municipality shall exercise the power of eminent domain in accordance
with IC 32-24-1.

Legislative History

As added by P.L.270-2013, SEC.6.