Sec. 12. (a) Except as provided in subsection (b), the authority may, in the manner provided by IC 8-23-7, acquire by appropriation any land, rights-of-way, property, rights, easements, or other legal or equitable interests necessary or convenient for the construction or the efficient operation of any project. However, compensation for the property taken shall first be made in money as provided by law.
(b) The authority may take or disturb property or facilities that:
(1) belong to any public utility or to a common carrier engaged in interstate commerce;
(2) are required for the proper and convenient operation of the public utility or common carrier; and
(3) are not located within the limits of existing transportation systems or projects being constructed under this article;
only if provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere at the cost of the authority.
As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.126.
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