Section 8-1.5-2-15.5 - Condemnation of public utility(a) This section does not apply to the following:(1) A municipality that, as of July 1, 2012, had established a water utility.(2) An action brought under:(C) this chapter; before March 1, 2013.
(3) 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.(4) The acquisition of water or sewer utility property, unless the requirements of IC 8-1-30 are satisfied.(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 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) For the purpose of acquiring the property of a public utility, the municipality shall exercise the power of eminent domain in accordance with IC 32-24-1.Added by P.L. 270-2013, SEC. 6, eff. 7/1/2013.