SB 6

           Second Regular Session of the 124th General Assembly (2026)
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between statutes enacted by the 2025 Regular Session of the General Assembly.
       SENATE ENROLLED ACT No. 6
    AN ACT to amend the Indiana Code concerning property.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 32-24-4-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 5. (a) Notwithstanding IC 8-1.5-2-3, this section
applies to a municipally owned utility that seeks to take, acquire,
condemn, or appropriate land or real estate, or any interest in the
land or real estate, for the purpose of extending a water main or a
wastewater main if the land or real estate, or the interest in the
land or real estate, is located outside:
      (1) the corporate boundaries of the municipality; or
      (2) the existing service territory of the municipally owned
      utility;
as of the date the taking, acquisition, condemnation, or
appropriation is first proposed.
   (b) This section does not apply to a temporary easement or a
condemnation that is needed to protect the public health or safety.
   (c) As used in this section, "municipally owned utility" has the
meaning set forth in IC 8-1-2-1(h). The term includes a wastewater
utility operated under IC 36-9-23 or IC 36-9-25. The term does not
include a utility company owned, operated, or held in trust by a
consolidated city.
   (d) Before a municipally owned utility may take, acquire,
condemn, or appropriate land, real estate, or any interest in the
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land or real estate for the purpose of extending a water main or a
wastewater main in an area described in subsection (a)(1) or (a)(2),
the municipally owned utility must provide the following notices:
     (1) A notice to each owner of land that is needed or intended
     to be taken for the extension. The notice must:
        (A) be sent:
          (i) at least sixty (60) days before the municipally owned
          utility presents an offer of purchase under IC 32-24-1-5;
          and
          (ii) either by first class mail or by certified mail, return
          receipt requested, or any other means of delivery that
          includes a return receipt, to the address of the landowner
          as listed on the tax duplicate;
        (B) include a statement that:
          (i) the municipally owned utility intends to extend a
          water main or a wastewater main;
          (ii) the landowner's property is needed for the extension;
          (iii) the municipally owned utility may acquire land
          through condemnation if certain conditions are met; and
          (iv) the landowner may, not later than thirty (30) days
          after receipt of the notice, request in writing a meeting
          with the municipally owned utility regarding the
          proposed extension project; and
        (C) clearly identify:
          (i) instructions as to how a landowner may access
          information pertaining to the proposed extension
          project; and
          (ii) the name of, and contact information for, the
          municipally owned utility's representative to whom
          questions concerning the proposed extension project may
          be directed.
     (2) A notice:
        (A) that must be posted in a conspicuous location on the
        municipally owned utility's website, if the municipally
        owned utility has a website; and
        (B) that includes information regarding:
          (i) the proposed boundaries of the extension;
          (ii) the expected completion date of the entire extension
          project;
          (iii) instructions as to how to access information
          concerning the proposed extension project; and
          (iv) the name of, and contact information for, the
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            municipally owned utility's representative to whom
            questions concerning the proposed extension project may
            be directed.
      (3) A notice:
         (A) that must be sent by either first class mail or:
            (i) certified mail, return receipt requested; or
            (ii) any other means of delivery that includes a return
            receipt;
         to the county plan commission for the county in which the
         extension project is proposed; and
         (B) that includes the information in subdivision (2)(B); and
         (C) that includes a statement that the county plan
         commission may, not later than thirty (30) days after
         receipt of the notice, request in writing a meeting with the
         municipally owned utility regarding the proposed
         extension project.
   (e) A landowner or the county plan commission may, not later
than thirty (30) days after receiving the notice described in
subsection (d)(1) or (d)(3), as applicable, request in writing a
meeting with the municipally owned utility regarding the proposed
extension project. Upon receiving a written request under this
subsection, the municipally owned utility shall offer to meet with
the landowner or county plan commission, as applicable, not later
than thirty (30) days after the municipally owned utility's receipt
of the written request.
   (f) If the municipally owned utility provides evidence that the
notice under subsection (d)(1) was sent:
      (1) by certified mail, with return receipt requested, or any
      other means of delivery that includes a return receipt; and
      (2) in accordance with subsection (d)(1);
the municipally owned utility is considered to have complied with
subsection (d)(1) regardless of whether the landowner accepts
receipt of the notice.
   (g) A municipally owned utility may proceed with a proposed
water main or a wastewater main extension if the municipally
owned utility has satisfied the notice requirements set forth in this
section.
   (h) If:
      (1) a county in which an extension is proposed has a website;
      and
      (2) the county plan commission has been provided the notice
      under subsection (d)(3);
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the county shall post a notice that includes the information in
subsection (d)(2)(B) in a conspicuous location on the county's
website.
   (i) Nothing in this section shall be construed to limit or annul
IC 8-1-2-101.5 or any applicable administrative rule.
   (j) Beginning in 2027, the commission shall include in the annual
report that the commission is required to submit under IC 8-1-1-14
before October 1 of each year the following information with
respect to the most recently concluded state fiscal year:
      (1) Any delays in an extension project that a municipally
      owned utility:
         (A) reports to the commission; and
         (B) attributes to any of the requirements set forth in this
         section.
      (2) Any complaints or disputes arising under this section that
      are submitted to the commission as part of a dispute under
      IC 8-1-2-101.5 or otherwise.
      (3) Any action taken by the commission with respect to:
         (A) a reported delay under subdivision (1); or
         (B) a complaint or dispute under subdivision (2).
      (4) Any other information that the commission considers
      relevant for members of:
         (A) the interim study committee on energy, utilities, and
         telecommunications established by IC 2-5-1.3-4(8); and
         (B) the general assembly;
      to consider in evaluating the effects of this section on
      landowners, municipally owned utilities, and water main or
      wastewater main extension projects.
SEA 6 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
SEA 6 — Concur