Section 36-9-38-19 - Eminent domain; vacation of streets and alleys; property owned by government entities(a) If: (1) an improvement under this chapter requires the acquisition of property or property rights; and(2) the acquisition cannot be made through the assessment proceedings established by this chapter; the municipality may proceed by eminent domain.
(b) The eminent domain proceeding shall be conducted in the manner provided by the statutes applicable to acquisition of property by the municipality for public purposes. Any property or property rights acquired belong to the municipality.(c) If it is necessary to vacate streets or alleys, the vacation shall be made in the manner provided by statute.(d) Any property owned by the municipality or another governmental entity may be made available for any public improvement under this chapter, without charge.As added by P.L. 98-1993, SEC.9.