Indiana § 8-21-12-14 - Eminent domain; public utility property

§ 8-21-12-14. Eminent domain; public utility property

Sec. 14. (a) The authority may exercise the power of eminent domain to carry out this chapter and may award damages to landowners for real estate and property rights appropriated. If the authority cannot agree with the owners, lessees, or occupants of real estate selected by the authority for the purposes in this chapter, the authority may procure the condemnation of the property. The authority may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, districts, and restricted zones adjoining them to the extent that IC 32-24-1 is not inconsistent with this chapter.

(b) If:

(1) it is necessary to establish and fix a restricted zone on and across land that:

(A) is already in use for another public purpose; or

(B) has been condemned or appropriated for a use authorized by statute; and

(2) the land 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 authority to condemn the use of ground for aviation purposes. Use by the authority does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.

(c) The authority 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 authority.

As added by P.L.28-1991, SEC.2. Amended by P.L.2-2002, SEC.45.