Sec. 36. (a) Notwithstanding this or any other statute, the city or district may take possession of property to be acquired at any time after the filing of the petition describing the property in condemnation proceedings.

     (b) The city or district may abandon the condemnation of property if possession of the property has not been taken.

     (c) The board may acquire and use land reasonably necessary for the purposes of this chapter. However:

(1) the board may not acquire or use land that is still being used and is absolutely necessary for the purposes for which the land was previously condemned; and

(2) this chapter does not permit the acquisition or use by the board of land previously acquired by condemnation that is being used for the purpose for which the land was acquired if the use by the board would impair or interfere with the necessary use of the land by the owner of the land.

[Pre-1995 Recodification Citation: 13-2-31-18(d).]

As added by P.L.1-1995, SEC.20.