Indiana Code 14-27-6-34. Eminent domain powers; land already in public use
(1) is already in use for any other public purpose; or
Terms Used In Indiana Code 14-27-6-34
- board: refers to the board of the levee authority. See Indiana Code 14-27-6-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- levee: means any wall built along a stream to keep the stream from overflowing the banks. See Indiana Code 14-27-6-4
- Statute: A law passed by a legislature.
(b) The public use or prior condemnation does not bar the right of the board to condemn the use of the ground for levee purposes.
(c) The use by the board does not permanently prevent the use of the land or the surface of the ground:
(1) for the prior public use; or
(2) by the corporation previously condemning or appropriating the land or surface of the ground.
(d) In a proceeding prosecuted by the board to condemn the use of land or the surface of ground for purposes permitted by this chapter, the board must show that the board’s use will not permanently or seriously interfere with:
(1) the continued public use of the land or surface of ground; or
(2) the corporation previously condemning the land or surface or the corporation’s successors.
However, in a proceeding the board may require and enforce the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established as provided in this chapter.
[Pre-1995 Recodification Citation: 13-2-31-18(b).]
As added by P.L.1-1995, SEC.20.