§ 8-21-9-16 — Eminent domain

The department may 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 airport or
airport facility. The department is empowered to exercise such powers
of eminent domain as may be conferred upon the authority 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 department
to acquire by appropriation 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 authority excepting, however,
cases in which such equipment or facilities are located within the limits
of existing highways or public thoroughfares.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts
1980, P.L.74, SEC.347.