HB 1301 Summary

• Authorizes sewer utilities to use eminent domain procedures previously available only to other public utilities, allowing them to condemn or appropriate property necessary for sewer system operations.

• Permits municipalities and sanitary districts to condemn less than fee simple estates in real property, including new or existing easements for rights-of-way needed for sewer construction and extension.

• Allows municipalities to condemn any real property needed to facilitate mandatory sewer connections required under Indiana Code 36-9-23-30, even if the condemned property itself is not the property being connected to the sewer system.

• Applies these condemnation authorities to both municipally-owned sewer utilities under IC 36-9-23 and sanitary districts under IC 36-9-25.

• Takes effect upon passage and is declared an emergency.