Indiana § 14-27-6-34 - Eminent domain powers; land already in public use

Full text of Indiana Indiana Code § 14-27-6-34 — Eminent domain powers; land already in public use, with citation guidance and answers to common questions.

§ 14-27-6-34. Eminent domain powers; land already in public use

Sec. 34. (a) This section applies to land or the surface of the ground on, over, and across which it is necessary or advisable to construct a levee as provided in this chapter that:

(1) is already in use for any other public purpose; or

(2) has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the corporation appropriating the land or surface of the ground.

(b) The public use or prior condemnation does not bar the right of the board to condemn the use of the ground for levee purposes.

(c) The use by the board does not permanently prevent the use of the land or the surface of the ground:

(1) for the prior public use; or

(2) by the corporation previously condemning or appropriating the land or surface of the ground.

(d) In a proceeding prosecuted by the board to condemn the use of land or the surface of ground for purposes permitted by this chapter, the board must show that the board's use will not permanently or seriously interfere with:

(1) the continued public use of the land or surface of ground; or

(2) the corporation previously condemning the land or surface or the corporation's successors.

However, in a proceeding the board may require and enforce the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established as provided in this chapter.

[Pre-1995 Recodification Citation: 13-2-31-18(b).]

As added by P.L.1-1995, SEC.20.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 14-27-6-34

What does Indiana Code § 14-27-6-34 cover?

Section 14-27-6-34 ("Eminent domain powers; land already in public use") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 14-27-6-34?

A common citation format is "Indiana Code § 14-27-6-34" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 14-27-6-34 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.