§ 8-21-12-14 — Eminent domain; public utility property

(a) The authority may exercise the power of
eminent domain to carry out this chapter and may award damages to
landowners for real estate and property rights appropriated. If the
authority cannot agree with the owners, lessees, or occupants of real
estate selected by the authority for the purposes in this chapter, the
authority may procure the condemnation of the property. The authority
may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing
fields, districts, and restricted zones adjoining them to the extent that
IC 32-24-1 is not inconsistent with this chapter.
(b) If:
(1) it is necessary to establish and fix a restricted zone on and
across land that:
(A) is already in use for another public purpose; or
(B) has been condemned or appropriated for a use authorized
by statute; and
(2) the land is being used for that purpose by the corporation so
appropriating it;
the public use or prior condemnation does not bar the right of the
authority to condemn the use of ground for aviation purposes. Use by
the authority does not permanently prevent the use of the land for the
prior public use or by the corporation condemning or appropriating it.
(c) The authority may not take or disturb property or facilities
belonging to a public utility or common carrier engaged in interstate
commerce if the property or facilities are required for the proper and
convenient operation of the utility or carrier, unless provision is made
for the restoration, relocation, or duplication of the property or facilities
elsewhere, at the sole cost of the authority.

Legislative History

As added by P.L.28-1991, SEC.2. Amended by P.L.2-2002, SEC.45.