Utility Center, Inc. v. City of Fort Wayne

Summary

The Supreme Court of Indiana held that a municipality may condemn privately owned water and sewer utility property under Indiana's general eminent domain statute. It concluded that Indiana Code section 8-1-30-6 limits municipal condemnation authority only when the utility is subject to remedial orders under that chapter, not with respect to all private water and sewer utilities. The court also held that a municipality proceeding under the general eminent domain provisions need not obtain voter approval under Indiana Code section 8-1.5-2-16.

Holdings

1. Indiana Code section 8-1-30-6 does not abrogate or restrict a municipality's existing authority to condemn utility property under Indiana Code sections 8-1-2-92 and 8-1-2-93, except with respect to utilities subject to orders under Indiana Code section 8-1-30-5.
2. A municipality may use the general eminent-domain procedures in Indiana Code chapter 32-24 under Indiana Code section 8-1.5-2-15(c), and the referendum requirement in section 8-1.5-2-16 does not apply because that method does not require adoption of an ordinance under section 8-1.5-2-15(a).

Questions Presented

1. Whether Indiana Code section 8-1-30-6 barred or restricted Fort Wayne's authority to condemn Utility Center's water and sewer property under Indiana Code sections 8-1-2-92 and 8-1-2-93.
2. Whether Fort Wayne was required to proceed under Indiana Code sections 8-1.5-2-15 and 8-1.5-2-16, including obtaining voter approval through a referendum, rather than proceeding under the general eminent-domain procedures in Indiana Code chapter 32-24.

Disposition

affirmed