Indiana § 8-1.5-2-7 Public convenience and necessity; declaratory resolution

Indiana Statutes

§ 8-1.5-2-7 — Public convenience and necessity; declaratory resolution

Indiana § 8-1.5-2-7

Art. 1.5MUNICIPAL UTILITIES

Ch. 2Transfer, Acquisition, and Improvement of Utilities by

This text of Indiana § 8-1.5-2-7 (Public convenience and necessity; declaratory resolution) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1.5-2-7 (2026).

Text

(a)A certificate of public convenience and necessity is not required as a condition precedent to the owning, leasing, acquisition, construction, or operation of a utility by a municipality, even if there is a public utility engaged in a similar service. The acquisition of electric utility property and assignment of a municipal electric utility's service area are, however, subject to the provisions of IC 8-1-2.3 and IC 8-1-2-95.1.

(b)Subsection (d) applies to the following:

(1)A municipality that wants to acquire an existing utility, including by purchase or condemnation under IC 8-1-2-92, IC 8-1-2-93, or otherwise.

(2)A municipality that wants to own and operate a utility in a location where, or contiguous to where, there is a public utility engaged in a similar service:

(A)under a fr

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A certificate of public convenience and
necessity is not required as a condition precedent to the owning,
leasing, acquisition, construction, or operation of a utility by a
municipality, even if there is a public utility engaged in a similar
service. The acquisition of electric utility property and assignment of
a municipal electric utility's service area are, however, subject to the
provisions of IC 8-1-2.3 and IC 8-1-2-95.1.
(b) Subsection (d) applies to the following:
(1) A municipality that wants to acquire an existing utility,
including by purchase or condemnation under IC 8-1-2-92, IC 8-1-2-93, or otherwise.
(2) A municipality that wants to own and operate a utility in a
location where, or contiguous to where, there is a public utility
engaged in a similar service:
(A) under a franchise granted by the municipality; or
(B) under an indeterminate permit as defined in IC 8-1-2-1.
(c) Notwithstanding subsection (b), subsection (d) does not apply to
the following:
(1) A municipality that owns and operates a water utility as of
July 1, 2012.
(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.
(d) Before a municipality described in subsection (b) may declare
by ordinance that public convenience and necessity require the
establishment of a municipally owned utility, the municipality shall
conduct a hearing under section 10 of this chapter.
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.172-2009, SEC.3; P.L.270-2013, SEC.4.