{"data":{"id":"us-in/ic-8-1.5-2-7","jurisdiction":"us-in","citation":"IC 8-1.5-2-7","heading":"Public convenience and necessity; declaratory resolution","body":"Sec. 7. (a) A certificate of public convenience and necessity is not required as a condition precedent to the owning, leasing, acquisition, construction, or operation of a utility by a municipality, even if there is a public utility engaged in a similar service. The acquisition of electric utility property and assignment of a municipal electric utility's service area are, however, subject to the provisions of IC 8-1-2.3 and IC 8-1-2-95.1.\n(b) Subsection (d) applies to the following:\n(1) A municipality that wants to acquire an existing utility, including by purchase or condemnation under IC 8-1-2-92, IC 8-1-2-93, or otherwise.\n(2) A municipality that wants to own and operate a utility in a location where, or contiguous to where, there is a public utility engaged in a similar service:\n(A) under a franchise granted by the municipality; or\n(B) under an indeterminate permit as defined in IC 8-1-2-1.\n(c) Notwithstanding subsection (b), subsection (d) does not apply to the following:\n(1) A municipality that owns and operates a water utility as of July 1, 2012.\n(2) An action brought under:\n(A) IC 8-1-2-92;\n(B) IC 8-1-2-93; or\n(C) this chapter;\nbefore March 1, 2013.\n(d) Before a municipality described in subsection (b) may declare by ordinance that public convenience and necessity require the establishment of a municipally owned utility, the municipality shall conduct a hearing under section 10 of this chapter.","path":["TITLE 8. UTILITIES AND TRANSPORTATION","ARTICLE 1.5. MUNICIPAL UTILITIES","Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities"],"source_url":"https://iga.in.gov/ic/2026/Title_8.html#8-1.5-2-7","current_through":"2026","vintage":"2026","retrieved_at":"2026-10-04T20:08:46Z","sha256":"ccd33e80a1c08051f82b33bdf2343397adda56d0285bddddb3b6f295761b3755","source_id":"us-in","stale":false,"prev":"us-in/ic-8-1.5-2-6.1","next":"us-in/ic-8-1.5-2-8"},"notice":"GroundRules: Original legal text. Not legal advice."}