State Ex Rel. Indiana & Michigan Electric Co. v. Sullivan Circuit Court

In this original action, the Court is presented with the question of whether a *1022trial court may stay the enforcement of a condemnation order obtained by a corporate utility, pending an interlocutory appeal challenging the legality of the condemnation proceedings. After a hearing held July 28, 1983, we denied a Petition for Writ of Mandamus and Prohibition. The majority now reverses that position.

A brief explanation of eminent domain proceedings is in order. A governmental entity has inherent authority to condemn private property as a sovereign right. The legislature may also statutorily imbue…