1. (a) This section applies to land or the surface of the ground on, over, and across which it is necessary or advisable to construct a levee as provided in this chapter that:

   1. (1) is already in use for any other public purpose; or
   2. (2) has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the corporation appropriating the land or surface of the ground.
2. (b) The public use or prior condemnation does not bar the right of the board to condemn the use of the ground for levee purposes.

3. (c) The use by the board does not permanently prevent the use of the land or the surface of the ground:

   1. (1) for the prior public use; or
   2. (2) by the corporation previously condemning or appropriating the land or surface of the ground.

4. (d) In a proceeding prosecuted by the board to condemn the use of land or the surface of ground for purposes permitted by this chapter, the board must show that the board's use will not permanently or seriously interfere with:

   1. (1) the continued public use of the land or surface of ground; or

   2. (2) the corporation previously condemning the land or surface or the corporation's successors.

      However, in a proceeding the board may require and enforce the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established as provided in this chapter.

      [Pre-1995 Recodification Citation: 13-2-31-18(b).]

As added by P.L.1-1995, SEC.20.