§ 8-1.5-2-33 — Action to determine public convenience and necessity

Indiana § 8-1.5-2-33

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

Text

(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) this chapter;
before March 1, 2013.
(b) Not more than thirty (30) days after a municipality described in
section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under
section 7 of this chapter, the utility may bring an action against the
municipality in the circuit or superior court of the county in which the
municipality is located to determine the question of public convenience
and necessity.
(c) The court shall stay further action by the municipality under the
ordinance adopted under section 7 of this chapter pending the court's
determination.
(d) The court shall try the cause without delay and without a jury
and review the evidence de novo.

Legislative History

As added by P.L.270-2013, SEC.7.