CHAPTER 8. CONDEMNATION BY UTILITIES
IC 8-1-8
Chapter 8. Condemnation by Utilities
IC 8-1-8-1
Limitations on power
Sec. 1. (a) A public utility, except in cities of the third class,
engaged in the production, transmission, delivery, or furnishing of
heat, light, water, or power or for the collection, treatment,
purification, and disposal in a sanitary manner of liquid and solid
sewage or furnishing facilities for transmission of intelligence by
electricity to towns and cities and to the public in general or for the
furnishing of elevator or warehouse service, either directly or
indirectly, to or for the public, for the purpose of enabling it to
perform its functions, may appropriate and condemn lands of
individuals and private corporations, or any easement in any lands,
necessary to the carrying out of its objects, whether the same be for
its building, structures, dams, line of poles, wires, mains, conduits,
and pipelines, or right-of-way to accommodate railway siding or
switch tracks connecting its plant or plants with the tracks of any
common carrier, overflowage by backwater from its dams, waste, or
sluiceways.
(b) However, within the limits of any incorporated town or city,
the authority to appropriate does not:
(1) extend to lands situated in any city block in which more than
fifty percent (50%) of the frontage is devoted to residence
purposes;
(2) extend to common carriers engaged in the transportation of
freight or passengers; or
(3) give to any public utility any right or authority to:
(A) appropriate any land or easement within the corporate
limits of any city for overflowage by backwater from any
dam;
(B) appropriate or acquire any dam, race, or sluiceway
existing on May 31, 1921, or any interest in either, except to
use water for condensation purposes;
(C) appropriate or acquire any pipeline laid or contained
within the limits of private property; or
(D) authorize any corporation developing hydroelectric
power to unreasonably interfere with or disturb the natural
flow of the stream from which power may be derived. Lands
or easements in lands acquired by appropriation and
condemnation shall be held and enjoyed by the company for
those purposes as though the land or easement had been
acquired by purchase.
(c) The appropriation and condemnation of lands and easements
in lands authorized by this section must be done under the terms and
conditions and in the manner prescribed by IC 32-24-1.
(Formerly: Acts 1921, c.98, s.1; Acts 1961, c.195, s.1.) As amended
by P.L.59-1984, SEC.59; P.L.2-2002, SEC.36.
IC 8-1-8-2
Repealed
(Repealed by P.L.59-1984, SEC.60.)
IC 8-1-8-3
Construction of chapter
Sec. 3. This chapter shall be construed as supplemental legislation
and not as repealing any statutes in force on May 31, 1921.
(Formerly: Acts 1921, c.98, s.3.) As amended by P.L.59-1984,
SEC.61.