§ 8-22-3-15 — Eminent domain; procedures

(a) The board:
(1) may exercise the power of eminent domain to carry out this
chapter;
(2) may award damages to landowners for real estate and property
rights appropriated; and
(3) if the board cannot agree with the owners, lessees, or
occupants of real estate selected by the board for the purposes in
this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies to
airports, landing fields, and restricted zones adjoining them to the
extent that it is not inconsistent with this chapter.
(b) This subsection applies only to a municipality. A board may
exercise the power of eminent domain under this section within four (4)
miles outside of the municipality's corporate boundaries. However,
with regard to an airport in existence on January 1, 2019, the board
may exercise the power of eminent domain to acquire land contiguous
to the airport that is located more than four (4) miles from the corporate
boundaries of the municipality.
(c) If the land on and across which it is necessary to establish and
fix a restricted zone is already in use for another public purpose or has
been condemned or appropriated for a use authorized by statute, and 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 board to
condemn the use of ground for aviation purposes. Use by the board
does not permanently prevent the use of the land for the prior public
use or by the corporation condemning or appropriating it.
(d) In a proceeding prosecuted by the board to condemn the use of
land for purposes permitted by this chapter, the burden is upon the
board to show that its use will not permanently or seriously interfere
with the continued public use of the land or by the corporation
condemning it, or its successors. However, in the proceeding the board
may require the removal or the burying beneath the surface of the
ground of wires, cables, power lines, or other structures within a
restricted zone established under this chapter.
(e) The board 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 board.
[Pre-Local Government Recodification Citations: 19-6-2-17;
19-6-3-18; 19-6-3.5-19.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.3; P.L.2-2002, SEC.47; P.L.277-2019, SEC.3.