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 ofheat, light, water, or power or for the collection, treatment,purification, and disposal in a sanitary manner of liquid and solidsewage or furnishing facilities for transmission of intelligence byelectricity to towns and cities and to the public in general or for thefurnishing of elevator or warehouse service, either directly orindirectly, to or for the public, for the purpose of enabling it toperform its functions, may appropriate and condemn lands ofindividuals and private corporations, or any easement in any lands,necessary to the carrying out of its objects, whether the same be forits building, structures, dams, line of poles, wires, mains, conduits,and pipelines, or right-of-way to accommodate railway siding orswitch tracks connecting its plant or plants with the tracks of anycommon carrier, overflowage by backwater from its dams, waste, orsluiceways.
    (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 thanfifty percent (50%) of the frontage is devoted to residencepurposes;
        (2) extend to common carriers engaged in the transportation offreight or passengers; or
        (3) give to any public utility any right or authority to:
            (A) appropriate any land or easement within the corporatelimits of any city for overflowage by backwater from anydam;
            (B) appropriate or acquire any dam, race, or sluicewayexisting on May 31, 1921, or any interest in either, except touse water for condensation purposes;
            (C) appropriate or acquire any pipeline laid or containedwithin the limits of private property; or
            (D) authorize any corporation developing hydroelectricpower to unreasonably interfere with or disturb the naturalflow of the stream from which power may be derived. Landsor easements in lands acquired by appropriation andcondemnation shall be held and enjoyed by the company forthose purposes as though the land or easement had beenacquired by purchase.
    (c) The appropriation and condemnation of lands and easementsin lands authorized by this section must be done under the terms andconditions and in the manner prescribed by IC 32-24-1.
(Formerly: Acts 1921, c.98, s.1; Acts 1961, c.195, s.1.) As amendedby 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 legislationand 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.