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Ind. Code § 8-1-30-6

Municipal requirement to sell utility property

Applied in 1 court decision — leading case Utility Center, Inc. v. City of Fort Wayne (2007)

Most recently applied in Utility Center, Inc. v. City of Fort Wayne (June 2007)

As added by P.L.145-1999, SEC.7

Sec. 6. (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) IC 8-1.5-2;

before March 1, 2013.

(b) A municipality or other governmental unit may not require a utility company that provides water or sewer service to sell property used in the provision of such service to the municipality or governmental unit under IC 8-1-2-92, IC 8-1-2-93, or otherwise, unless:

(1) the commission has made all necessary findings under section 4 of this chapter; and

(2) the procedures and requirements of this chapter have been complied with and satisfied.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.