Sec. 4.3. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred if, at the time of the sale or transfer, the public utility is occupying and using all or part of that public easement or right of way for the location and operation of its facilities.
As added by P.L.188-2011, SEC.3.
Structure Indiana Code
Chapter 11. Disposal of Real or Personal Property
36-1-11-1. Application of Chapter
36-1-11-3.1. Sale of Residential Real Property; Disapproval
36-1-11-3.2. Approval of Sale, Lease, or Transfer of Real Property in Certain Cities
36-1-11-4. Sale or Transfer of Real Property; Procedure
36-1-11-4.1. Sale or Transfer of Real Property, Including Provision for Leaseback; Notice; Bids
36-1-11-4.3. Public Easement or Right-of-Way
36-1-11-5.6. Sale or Transfer of Property to a Nonprofit Corporation
36-1-11-7. Exchange of Property With Persons Other Than Governmental Entity; Procedure
36-1-11-8. Exchange of Property With Governmental Entity
36-1-11-9. Trade or Exchange as Part of Purchase Price of New Property
36-1-11-10. Lease of Property; Procedure
36-1-11-10.5. Lease of a Parkway Strip, Sidewalk, Tree Row, or Verge
36-1-11-11. Execution of Deed or Other Instrument
36-1-11-12. Lease of Property; Alternative Procedure
36-1-11-13. Restrictions on Lease of County-Owned Property
36-1-11-14. Gift of Tract; Reconveyance
36-1-11-15. Tract Transferred as Gift by Not-for-Profit Corporation or Organization; Reconveyance
36-1-11-17. Terms of Reconveyance or Return
36-1-11-18. School Corporations in Laporte County; Transfer to Governmental Agency