(b) Notwithstanding this article, vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated, if, at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public place for the location and operation of its facilities. However, the utility may waive its rights under this subsection by filing its written consent in the vacation proceedings.[Pre-Local Government Recodification Citation: 18-5-10-51.]As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.7.
Indiana Legal Code