Sec. 15. (a) The board:

(1) may exercise the power of eminent domain to carry out this chapter;

(2) may award damages to landowners for real estate and property rights appropriated; and

(3) if the board cannot agree with the owners, lessees, or occupants of real estate selected by the board for the purposes in this chapter, may procure the condemnation of the property.

The board may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, and restricted zones adjoining them to the extent that it is not inconsistent with this chapter.

(b) This subsection applies only to a municipality. A board may exercise the power of eminent domain under this section within four (4) miles outside of the municipality's corporate boundaries. However, with regard to an airport in existence on January 1, 2019, the board may exercise the power of eminent domain to acquire land contiguous to the airport that is located more than four (4) miles from the corporate boundaries of the municipality.

(c) If the land on and across which it is necessary to establish and fix a restricted zone is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute, and is being used for that purpose by the corporation so appropriating it, the public use or prior condemnation does not bar the right of the board to condemn the use of ground for aviation purposes. Use by the board does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.

(d) In a proceeding prosecuted by the board to condemn the use of land for purposes permitted by this chapter, the burden is upon the board to show that its use will not permanently or seriously interfere with the continued public use of the land or by the corporation condemning it, or its successors. However, in the proceeding the board may require the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established under this chapter.

(e) The board may not take or disturb property or facilities belonging to a public utility or common carrier engaged in interstate commerce if the property or facilities are required for the proper and convenient operation of the utility or carrier, unless provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere, at the sole cost of the board.

[Pre-Local Government Recodification Citations: 19-6-2-17; 19-6-3-18; 19-6-3.5-19.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.3; P.L.2-2002, SEC.47; P.L.277-2019, SEC.3.