Indiana § 8-1-2-93 - Acceptance of indeterminate licenses, permits, or franchises; effect

§ 8-1-2-93. Acceptance of indeterminate licenses, permits, or franchises; effect

Sec. 93. (a) This section does not apply to a public utility that provides water or sewer utility service unless:

(1) the commission makes a finding under IC 8-1-30-4; and

(2) the procedures and requirements of IC 8-1-30 have been complied with and satisfied.

(b) Notwithstanding subsection (a), this section does apply to the following:

(1) A public utility to the extent that the public utility provides water or sewer utility service in or contiguous to a municipality that, as of July 1, 2012, had established and operated a water utility.

(2) An action brought under:

(A) section 92 of this chapter;

(B) this section; or

(C) IC 8-1.5-2;

before March 1, 2013.

(c) Any public utility accepting or operating under any indeterminate license, permit, or franchise granted after April 30, 1913, shall by acceptance of any such indeterminate license, permit, or franchise be deemed to have consented to a future purchase or condemnation of its property including property located in contiguous territory within six (6) miles of the corporate limits of such municipality by the municipality in which such utility is located, at the value and under the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the judgment of a court, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall have been deemed to have consented to the revocation of its license, permit, or franchise by the commission for cause.

Formerly: Acts 1913, c.76, s.102; Acts 1933, c.190, s.12. As amended by P.L.59-1984, SEC.41; P.L.172-2009, SEC.2; P.L.270-2013, SEC.2.