Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district's purposes according to the statutory procedure for the appropriation of land or other property taken by an eligible entity.
(b) The power of condemnation by a district under this article may not be exercised against a sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 until the expiration of twelve (12) years after the granting of the certificate of territorial authority.
(c) If the board of a regional sewage district exercises eminent domain to acquire an easement or right-of-way within or outside the district required by the district for the accomplishment of the district's purposes, the easement or right-of-way may not exceed fifty (50) feet in width.
[Pre-1996 Recodification Citation: 13-3-2-14.]
As added by P.L.1-1996, SEC.16. Amended by P.L.123-2011, SEC.2.
Structure Indiana Code
Article 26. Regional Water, Sewage, and Solid Waste Districts
Chapter 5. Powers and Duties of Regional Districts
13-26-5-1. Prerequisites to Exercising Rights, Powers, and Duties
13-26-5-2.5. Septic Tank Soil Absorption System Exemption
13-26-5-2.6. Large Parcel Exemption
13-26-5-3. Rules and Resolutions of Board; Legislative and Administrative Acts
13-26-5-4. Rules; Establishment and Enforcement
13-26-5-5. Contracts for Purchases of Supplies, Materials, or Labor
13-26-5-6.5. Notice; Proposed Extension of Service