Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire property for the use of the municipality or to open, change, lay out, or vacate a street, an alley, or a public place in the municipality, including a proposed street or alley crossings of railways or other rights-of-way. However, this chapter does not apply if a municipality wants to acquire the property of a public utility (as defined in IC 8-1-2-1 ). (b) The works board must adopt a resolution that the municipality wants to acquire the property. The resolution must describe the property that may be injuriously or beneficially affected. The board shall have notice of the resolution: (1) published for two (2) consecutive weeks: (A) with each publication of notice in a newspaper of general circulation published in the municipality; or (B) with the first publication of notice in a newspaper described in clause (A) and the second publication of notice: (i) in accordance with IC 5-3-5 ; and (ii) on the official web site of the municipality; and (2) mailed to the owner of each piece of property affected by the proposed acquisition. The notice must name a date, at least thirty (30) days after the last publication, at which time the board will receive or hear remonstrances from persons interested in or affected by the proceeding. (c) The works board shall consider the remonstrances, if any, and then take final action, confirming, modifying, or rescinding its original resolution. [Pre-2002 Recodification Citation: 32-11-1.5-3.]
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