(a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter. (b) A municipality’s right of eminent domain shall be exercised by the operating authority of the municipal waterworks […]
For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner’s property resulting from its acts.
(a) (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application. (2) The applicant shall describe the property […]
(a) At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings. (b) Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount […]
If any power, oil, or gas line or other public utility facility shall be flooded by an impounding lake, the property may be condemned if the operating authority of the municipal waterworks system determines the existence of the facility is inconsistent with the waterworks’ requirements.
Water pipelines, with appurtenances, may be constructed and maintained: (1) Across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby; and (2) (A) Under, across, and along public highways, roads, streets, and alleys. (B) However, the ordinary use of these public […]
(a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road. (b) However, if the state or the county determines that a replacement road is required, the municipality shall be […]
(a) (1) An operating authority of a municipal waterworks system shall file a notice of intent to condemn in the circuit court of the county where a cemetery or graves are situated if the operating authority determines that: (A) Land occupied by the cemetery or by the graves will be flooded by an impounding lake; […]
(a) (1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading. (2) The municipality shall […]
(a) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be […]
