Sec. 9. A complaint for condemnation, other than by the commission, under this chapter may not be filed in a court unless the taker has received approval from both the department and the department of environmental management. These agencies shall give approval only if the agencies find the following:
(1) That based on sound engineering principles, the site is satisfactory for water supply storage.
(2) That there is a probable future need for water supply storage that can be served from the reservoir site.
[Pre-1995 Recodification Citation: 13-2-9-7.]
As added by P.L.1-1995, SEC.19.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
Chapter 1. Reservoirs; Land Acquisition and Creation
14-26-1-1. Legislative Findings Regarding Need for Reservoir Sites
14-26-1-2. Legislative Findings Regarding Regulation of Flow of Rivers and Waters
14-26-1-4. Purchase or Condemnation of Land by Commission
14-26-1-6. Statement Regarding Condemnation of Property; Valuation
14-26-1-7. Cost of Easement or Interest in Land
14-26-1-8. Rights of Owners From Whom Easements or Remainder Interests Taken
14-26-1-9. Approval of Complaint for Condemnation
14-26-1-10. Source of Money for Commission
14-26-1-11. Cooperation With Federal Government Not Authorized