Sec. 5. (a) Subject to subsection (b), the department may exercise any of its powers under IC 8-15-3 as necessary or desirable for the performance of its duties and the execution of its powers under this article. In connection with or in anticipation of the exercise by the authority of any powers granted to the authority by this article, the department may authorize the authority to exercise all or part of the powers of the department under this article as necessary or desirable to accomplish the purposes of this article.

     (b) For purposes of subsection (a):

(1) the department’s or the authority’s use of the power of eminent domain to acquire property or interests in property for a project under this article; and

(2) the rights of property owners who are affected by the authority’s use of the power of eminent domain for a project under this article;

are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.21.