Indiana Code 8-1-2-93. Acceptance of indeterminate licenses, permits, or franchises; effect
(1) the commission makes a finding under IC 8-1-30-4; and
Terms Used In Indiana Code 8-1-2-93
- Commission: as used in this chapter , means the commission created by IC 8-1-1-2. See Indiana Code 8-1-2-1
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Municipality: as used in this chapter , means any city or town of Indiana. See Indiana Code 8-1-2-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- public utility: as used in this chapter , means every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the state for the:
Indiana Code 8-1-2-1
- Utility: as used in this chapter , means every plant or equipment within the state used for:
Indiana Code 8-1-2-1
(b) Notwithstanding subsection (a), this section does apply to the following:
(1) A public utility to the extent that the public utility provides water or sewer utility service in or contiguous to a municipality that, as of July 1, 2012, had established and operated a water utility.
(2) An action brought under:
(A) section 92 of this chapter;
(B) this section; or
(C) IC 8-1.5-2;
before March 1, 2013.
(c) Any public utility accepting or operating under any indeterminate license, permit, or franchise granted after April 30, 1913, shall by acceptance of any such indeterminate license, permit, or franchise be deemed to have consented to a future purchase or condemnation of its property including property located in contiguous territory within six (6) miles of the corporate limits of such municipality by the municipality in which such utility is located, at the value and under the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the judgment of a court, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall have been deemed to have consented to the revocation of its license, permit, or franchise by the commission for cause.
Formerly: Acts 1913, c.76, s.102; Acts 1933, c.190, s.12. As amended by P.L.59-1984, SEC.41; P.L.172-2009, SEC.2; P.L.270-2013, SEC.2.