Section 8-1.5-2-15 - Condemnation; authorization(a) This section applies to the following:(1) A municipality that, as of July 1, 2012, had established and operated a water utility.(2) An action brought under:(C) this chapter; before March 1, 2013.
(b) If the municipality and the owners of a public utility are unable to agree upon a price to be paid for the property of the public utility, the municipality may:(1) by ordinance declare that a public necessity exists for the condemnation of the utility property; and(2) bring an action in the circuit or superior court of the county where the municipality is located against the utility for the condemnation of the property.(c) An ordinance adopted under subsection (b) is final.(d) For the purpose of acquiring the property of a public utility, the municipality: (1) may exercise the power of eminent domain in accordance with IC 32-24; and(2) is required only to establish the necessity of taking as this chapter requires.(e) The provisions of this section do not apply to the acquisition of electric utility property or the assignment of service areas covered by IC 8-1-2.3 and IC 8-1-2-95.1.Amended by P.L. 270-2013, SEC. 5, eff. 5/11/2013.As added by Acts1982 , P.L. 74, SEC.1. Amended by P.L. 2-2002, SEC.38.