Sec. 33. (a) This section does not apply to the following:
(1) A municipality that, as of July 1, 2012, had established and operated a water utility.
(2) An action brought under:
(A) IC 8-1-2-92;
(B) IC 8-1-2-93; or
(C) this chapter;
before March 1, 2013.
(b) Not more than thirty (30) days after a municipality described in section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under section 7 of this chapter, the utility may bring an action against the municipality in the circuit or superior court of the county in which the municipality is located to determine the question of public convenience and necessity.
(c) The court shall stay further action by the municipality under the ordinance adopted under section 7 of this chapter pending the court's determination.
(d) The court shall try the cause without delay and without a jury and review the evidence de novo.
As added by P.L.270-2013, SEC.7.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1.5. Municipal Utilities
Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities
8-1.5-2-1. Application of Chapter; Exception
8-1.5-2-2. Application of Chapter; Additional Exceptions
8-1.5-2-7. Public Convenience and Necessity; Declaratory Resolution
8-1.5-2-8. Preliminary Expenses; Appropriation
8-1.5-2-9. Appropriation for Preliminary Expenses; Repayment
8-1.5-2-10. Ordinance Declaring Public Convenience and Necessity; Notice and Hearing
8-1.5-2-12. Sale of Heat, Light, Water, or Power to Municipality
8-1.5-2-14. Costs of Construction or Acquisition; Security for Payment
8-1.5-2-15. Condemnation; Authorization
8-1.5-2-15.5. Condemnation of Public Utility
8-1.5-2-18. Bonds; Payable Out of Special Account; Issuance
8-1.5-2-19. Bonds, Notes, or Other Obligations; Issuance; Approval by Commission for Long Term Bonds
8-1.5-2-20. Bonds; Payment From Revenues Not Derived From Particular Utility; Restriction
8-1.5-2-21. Bonds Payable Out of Special Account; Purchase by Municipality
8-1.5-2-22. General Obligation Bonds; Authorization; Limitation
8-1.5-2-23. General Obligation Bonds; Terms; Sale
8-1.5-2-24. Revenue Bonds; Money Set Aside for Payment of Interest and Principal
8-1.5-2-25. Special Utility Account; Establishment by Municipality; Use
8-1.5-2-26. Tax Levy for Payment of Bonds
8-1.5-2-29. Lease of Waterworks Facilities; Notice and Hearing
8-1.5-2-30. Lease of Waterworks Facilities; Execution; Limitation of Actions
8-1.5-2-31. Leased Waterworks Facilities; Tax Exemptions
8-1.5-2-32. Leased Waterworks Facilities; Applicable Statutes
8-1.5-2-33. Action to Determine Public Convenience and Necessity