Bill Text: IN HB1301 | 2011 | Regular Session | Introduced
Bill Title: Eminent domain for sewer services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-13 - First reading: referred to Committee on Local Government [HB1301 Detail]
Download: Indiana-2011-HB1301-Introduced.html
Citations Affected: IC 32-24-4-1; IC 36-9-23; IC 36-9-25-10.
Synopsis: Eminent domain for sewer services. Provides that the statute
governing eminent domain procedures for public utilities and other
corporations: (1) applies to sewer utilities; and (2) includes the
authority to condemn less than a fee simple estate in land or real estate,
including the authority to condemn or appropriate a new or an existing
easement for a right-of-way. Provides that the authority of a
municipally owned sewer utility to condemn or appropriate real
property includes: (1) the authority to condemn or appropriate any real
property that is needed to allow a mandatory connection to the
municipality's sewer system by a property using a septic system or
similar structure, regardless of whether the real property to be
condemned or appropriated is the property that will be connected to the
sewer system; and (2) the authority to condemn or appropriate less than
a fee simple estate in real property, including the authority to condemn
or appropriate a new or an existing easement for a right-of-way. Makes
conforming amendments.
Effective: Upon passage.
January 13, 2011, read first time and referred to Committee on Local Government.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or communications by telegraph or telephone to the public or to any town or city;
(2) collect, treat, purify, and dispose of in a sanitary manner liquid and solid waste, sewage, night soil, and industrial waste; or
may take, acquire, condemn, and appropriate land, real estate, or any
interest in the land or real estate to accomplish the essential delivery of
services described in subdivisions (1) and (2). through (3). The
authority to condemn or appropriate an interest in land or real
estate under this section includes the authority to condemn less
than a fee simple estate in land or real estate, including the
authority to condemn or appropriate a new or an existing easement
for a right-of-way.
(b) A person described in subsection (a) has all accommodations,
rights, and privileges necessary to accomplish the use for which the
property is taken. A person acting under subsection (a) may use
acquired, condemned, or appropriated land to construct railroad siding,
switch, or industrial tracks connecting its plant or facilities with the
tracks of any common carrier.
(1) acquire, construct, improve, operate, and maintain sewage works under this chapter;
(2) acquire, by gift, grant, purchase, condemnation, or otherwise, all lands, easements, rights-of-way, and other property that are necessary for the sewage works or the extension of sewers;
(3) issue revenue bonds to pay the cost of acquiring, constructing, and improving the sewage works and property; and
(4) lease sewage works from a person, an entity, a corporation, a public utility, or a unit for a term not to exceed fifty (50) years.
A sewage works leased under this section is subject to IC 5-16-7.
(b) The authority of a municipality under subsection (a)(2) to condemn lands, easements, rights-of-way, and other property necessary for the sewage works or the extension of sewers includes:
(1) the authority to condemn or appropriate any real property that is needed to allow a connection described in section 30 of this chapter, regardless of whether the real property to be condemned or appropriated is the property that will be connected to the municipality's sewer system under section 30 of this chapter; and
(2) the authority to condemn or appropriate less than a fee simple estate in real property, including the authority to condemn or appropriate a new or an existing easement for a right-of-way.
(1) sewage works; and
(2) any land, easements, rights-of-way, franchises, and other property it considers necessary for the construction of sewage works,
However, the municipality may pay for any property condemned or purchased only from money provided under this chapter.
(b) The authority of a municipality under subsection (a)(2) to condemn land, easements, rights-of-way, franchises, and other property necessary for the construction of sewage works, for improvements to sewage works, or for the extension of sewers includes:
(1) the authority to condemn or appropriate any real property that is needed to allow a connection described in section 30 of this chapter, regardless of whether the real property to be condemned or appropriated is the property that will be connected to the municipality's sewer system under section 30 of this chapter; and
(2) the authority to condemn or appropriate less than a fee simple estate in real property, including the authority to condemn or appropriate a new or an existing easement for a right-of-way.
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 30. (a) Subject to
subsection (b), a municipality that operates sewage works under this
chapter or under any statute repealed by IC 19-2-5-30 (repealed
September 1, 1981) may require:
(1) connection to its sewer system of any property producing
sewage or similar waste; and
(2) discontinuance of the use of privies, cesspools, septic tanks,
and similar structures.
(b) A municipality may exercise the powers granted by subsection
(a) only if:
(1) there is an available sanitary sewer within three hundred (300)
feet of the property line of the affected property; and
(2) it has given notice by certified mail to the property owner at
the address of the property, at least ninety (90) days before the
date specified for connection in the notice.
(c) A municipality may establish, enforce, and collect reasonable
penalties for failure to make a connection under this section.
(d) A municipality may apply to the circuit or superior court for the
county in which it is located for an order to require a connection under
this section. The court shall assess the cost of the action and reasonable
attorney's fees of the municipality against the property owner in such
an action.
(e) A municipality may exercise the powers granted by sections
2(b) and 14(b) of this chapter to effect a connection under this
section.
(1) If needed for sewage works or the extension of sewers, condemn, appropriate, lease, rent, purchase, and hold any real or personal property within the district or within five (5) miles outside the boundaries of the district. The authority of the board under this subdivision to condemn or appropriate real property within the district or within five (5) miles outside the boundaries of the district includes:
(A) the authority to condemn or appropriate any real property that is needed to allow a connection described in IC 36-9-23-30, regardless of whether the real property to be condemned or appropriated is the property that will be connected to the sewer system under IC 36-9-23-30; and
(B) the authority to condemn or appropriate less than a fee
simple estate in real property, including the authority to
condemn or appropriate a new or an existing easement for
a right-of-way.
(2) Enter upon any lots or lands for the purpose of surveying or
examining them to determine the location of any sewage works or
other structures, roads, levees, or walls connected with or
necessary for the use or operation of the facilities.
(3) Design, order, contract for, construct, reconstruct, and
maintain the sewage works.
(4) Build or have built all roads, levees, walls, other structures, or
lagoons that may be desirable in connection with sewage works
and make improvements to the grounds and premises under its
control, including the erection and operation of a plant for the
removal of sand and gravel from the grounds.
(5) Compel the owners, operators, or lessees of all factories,
shops, works, plants, or other structures to treat, purify, or
eliminate from the sewage and trade waste of the premises any
ingredients that interfere with the successful operation of the
sewage works. It may compel the owners, operators, or lessees of
the premises located on a watercourse to direct an excessive flow
of water into the watercourse.
(6) Review and approve plans for privately constructed plants for
the treatment or elimination of trade waste. This is to insure that
an owner, operator, or lessee of a house, factory, shop, works,
plant, or other structure that may be directly or indirectly
connected with sewers emptying into the sewage works does not
construct a purification plant, machine, or other device for
eliminating or treating the trade waste from those places for the
purpose of eliminating ingredients that would harm the sewage
works until the plans have been submitted to and approved by the
board. After plans have been submitted to the board, it may reject
them in their entirety or order changes to be made that include its
supervision and regulation of the operation. An appeal may be
taken from the decision of the board rejecting the plans submitted
or ordering changes by the owner, operator, or lessee of a
proposed private plant, in the same manner as appeals from the
works board as far as applicable.
(7) Build or have built a plant or plants and all appurtenances for
the treatment of sludge, pressing of sludge, or converting sludge
into marketable fertilizer.
(8) Sell any byproduct from the sewage works, or furnish any
byproduct free for the use of the municipality or for other public
uses, with revenue derived from the sale above the amount
needed for maintenance to be paid into the sanitary district bond
fund, or if no bonds are outstanding, to revert to its general fund.
(9) Compel the owners, lessees, or agents in possession of lots or
land from which sewers discharge sewage or drainage and pollute
a watercourse or body of water or constitute a menace to public
health and welfare to connect the sewers with drains leading
directly or indirectly into sewage works regulating the use and
assessing reasonable charges.
(10) Construct or have constructed regulating devices at the
junction of combined sewers with intercepting sewers to regulate
the discharge into the intercepting and connecting sewers to
prevent the pollution of streams or bodies of water or a menace to
the public health and welfare.
(11) Construct, add to, reconstruct, or maintain an incinerating or
reduction plant or other plants for the conversion, destruction, or
disposal of garbage, filth, ashes, dirt, and rubbish. The board may
operate the plant in connection with sewage works, and sell any
byproducts derived from the garbage, filth, ashes, or rubbish,
including sand and gravel taken from lands under the control of
the board at prices that are determined by the board, or furnish it
free to the municipality or for other public uses, with revenue
derived above the amount needed for maintenance to be paid into
the sanitary district bond fund, or if no bonds are outstanding, to
revert to its general fund.
(12) Take charge of all real property, belonging to the
municipality and under the control of the works board, suitably
located for sewage works if the board demands the works board,
subject to contracts, to relinquish and transfer control of real and
personal property used by the works board for the collection and
removal of garbage and ashes. The transfer of personal property
must be made by resolution adopted by the works board
describing the property, with a copy of the resolution to be
delivered to the board and made a matter of record in the minutes
of the proceedings of the board.
(13) Collect and remove, or contract for the collection and
removal of, all garbage, ashes, dead animals, refuse, and wastes
from domestic premises, and construct or have constructed
stations, including barns, garages, sheds, blacksmith shops,
dumps, incinerators, and all other useful or necessary
improvements for this purpose. This includes the power to collect
and remove soil and other sewage in areas not provided with
sewers, and then to discharge or dispose of it into sewage works.
(14) Enter into contracts in the name of the municipality, with the
approval of the executive as provided by law. However, in the
case of a district described in section 3(b)(2) of this chapter, the
board may enter into contracts in the name of:
(A) a municipality in the district, with the approval of the
executive of the municipality; or
(B) the district, with the approval of the board.
(15) Employ and pay for all engineering, architectural, legal, and
other professional services needed in carrying out this chapter,
including determining the number, prescribing the duties, and
fixing the compensation for all its engineers, chemists, attorneys,
bacteriologists, surveyors, inspectors, clerks, stenographers,
laborers, supervisors, and other employees as provided by law for
other executive departments of the municipality.
(16) Adopt resolutions, rules, and bylaws that are necessary to
carry out this chapter, including repealing or amending them
consistent with this chapter.
(17) Prepare a schedule of reasonable service fees and collect
them from persons who own, lease, or possess or control as
tenants or as agents lots or lands located outside the boundaries
of the district if the lots or lands are benefited by connection into
the sanitary sewer system of the district as described in this
chapter, with the proceeds from sewage connections and
treatment service credited to the general fund of the district for
general use and maintenance purposes. The fees may be fixed,
repealed, or amended, or the service discontinued, by the board
at its discretion.
(18) Sue or be sued in the name of the municipality, with payment
for obligations and of a judgment against the municipality in an
action to be made solely from funds of the department and its
district that may be available for this purpose. In the case of a
district described in section 3(b)(2) of this chapter, the board may
sue or be sued in the name of any municipality in the district or in
the name of the district. If a judgment is entered against a
municipality in the district, payment of obligations and the
judgment shall be made solely from available funds of the
department or the district.
(19) Pay for services rendered or for any other obligations
incurred by the board while executing its powers, or pay any
judgments, including interest and costs, by issuing and selling the
bonds of the district, or obtaining temporary loans or levying
taxes as authorized by this or other statutes for any other purpose.
(20) Lease, rent, purchase, and hold real or personal property
more than five (5) miles outside the boundaries of the district if
the property is needed:
(A) to store sludge;
(B) to convert sludge into marketable fertilizer; or
(C) by the district to conduct activities that are related to
activities described in clause (A) or (B).
