Sec. 27. (a) Municipalities participating in a project and joint agencies have the power of eminent domain to the extent and in the same manner and under the same laws as municipalities or public utilities under IC 32-24-1 or IC 8-1-8. However, a municipality or joint agency exercising the power of eminent domain for a purpose authorized by this chapter may not condemn an existing facility used for the generation, transmission, or distribution of electric power and energy.
(b) The commission may order that:
(1) the lines and rights-of-way of any public utility or subscriber owned utility, or municipality or municipalities participating in a joint project or joint agency may be crossed by any municipality participating in a joint project or joint agency; or
(2) the lines of any municipalities participating in a joint project or joint agency may be crossed by any public utility or subscriber owned utility.
As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.2-2002, SEC.35.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 2.2. Municipal Electric Utility Programs
8-1-2.2-1. Findings and Purpose
8-1-2.2-3. Authorization to Cooperate
8-1-2.2-4. Joint Ownership of Project
8-1-2.2-5. Sale of Capacity or Output by a Municipality
8-1-2.2-6. Licenses and Approvals
8-1-2.2-7. Authority to Contract for Energy Exchange
8-1-2.2-9. General Powers of Joint Agencies
8-1-2.2-10. Contracts With Municipality
8-1-2.2-12. Trust Agreement or Resolution on Bondholders' Rights
8-1-2.2-16. Bond Eligibility for Investment
8-1-2.2-17. Agreement of State With Bondholders
8-1-2.2-18. Limited Liability on Bonds
8-1-2.2-19. Approval of Commission
8-1-2.2-20. Acquisition and Construction Contracts
8-1-2.2-22. Payments in Lieu of Taxes
8-1-2.2-24. Dissolution of Joint Agencies
8-1-2.2-26. Government Grants and Loans
8-1-2.2-28. Liability of Officers
8-1-2.2-29. Construction With Other Laws
8-1-2.2-31. Member Participating by Electronic Means of Communication