§ 8-10-1-11 — Eminent domain; taking or disturbing property or facilities of public utility or common carrier

The ports of Indiana is hereby authorized and
empowered to acquire by appropriation, under the provisions of the
eminent domain law of the state, any land, including lands under water
and riparian rights, property, rights, rights-of-way, franchises,
easements or other property necessary or proper for the construction or
the efficient operation of any port or project. The ports of Indiana shall
also be empowered to exercise such powers of eminent domain as may
be conferred upon the ports of Indiana by an act of Congress of the
United States now in force, or which may hereafter be enacted. Title to
the property condemned shall be taken in the name of the state of
Indiana. Nothing herein shall authorize the ports of Indiana to take or
disturb property or facilities constituting all or part of any presently
existing or operating public port and nothing herein shall authorize the
ports of Indiana to take or disturb property or facilities belonging to any
public utility or to a common carrier engaged in interstate commerce,
which property or facilities are required for the proper and convenient
operation of such public utility or common carrier, unless provision is
made for the restoration, relocation or duplication of such property or
facilities elsewhere at the sole cost of the ports of Indiana excepting
however, cases in which such equipment or facilities are located within
the limits of existing highways or public thoroughfares.
Formerly: Acts 1961, c.11, s.11. As amended by P.L.224-2003,
SEC.211 and P.L.271-2003, SEC.11; P.L.98-2008, SEC.21.