reglab/housing_qa huggingface dataset:
IN Code § 32-24-1-2 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-2. "Owner" Defined

Sec. 2. As used in section 5 of this chapter, "owner" means the persons listed on the tax assessment rolls as being responsible for the payment of real estate taxes imposed on the property and the persons in whose name title to real estate is shown in the records of the recorder of the county in which the real estate is located.[Pre-2002 Recodification Citation: 32-11-1-2.1 part.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-1-4 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-4. Complaint

Sec. 4. (a) If the person seeking to acquire the property does not agree with the owner of an interest in the property or with the guardian of an owner concerning the damages sustained by the owner, the person seeking to acquire the property may file a complaint for that purpose with the clerk of the circuit court of the county where the property is located.(b) The complaint must state the following:(1) The name of the person seeking to acquire the property. This person shall be named as the plaintiff.(2) The names of all owners, claimants to, and holders of liens on the property, if known, or a statement that they are unknown. These owners, claimants, and holders of liens shall be named as defendants.(3) The use the plaintiff intends to make of the property or right sought to be acquired.(4) If a right-of-way is sought, the location, general route, width, and the beginning and end points of the right-of-way.(5) A specific description of each piece of property sought to be acquired and whether the property includes the whole or only part of the entire parcel or tract. If property is sought to be acquired by the state or by a county for a public highway or by a municipal corporation for a public use and the acquisition confers benefits on any other property of the owner, a specific description of each piece of property to which the plaintiff alleges the benefits will accrue. Plats of property alleged to be affected may accompany the descriptions.(6) That the plaintiff has been unable to agree for the purchase of the property with the owner, owners, or guardians, as the case may be, or that the owner is mentally incompetent or less than eighteen (18) years of age and has no legally appointed guardian, or is a nonresident of Indiana.(c) All parcels lying in the county and required for the same public use, whether owned by the same parties or not, may be included in the same or separate proceedings at the option of the plaintiff. However, the court may consolidate or separate the proceedings to suit the convenience of parties and the ends of justice. The filing of the complaint and a lis pendens notice in any eminent domain action under this article constitutes notice of proceedings to all subsequent purchasers and persons taking encumbrances of the property, who are bound by the notice.[Pre-2002 Recodification Citation: 32-11-1-2.]As added by P.L.2-2002, SEC.9. Amended by P.L.81-2004, SEC.26.
IN Code § 32-24-1-5 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-5. Offer of Purchase; Notice; Service; Forms; Restoration of Utility or Transportation Services

Sec. 5. (a) As a condition precedent to filing a complaint in condemnation, and except for an action brought under IC 8-1-13-19 (repealed), a condemnor may enter upon the property as provided in this chapter and must, at least thirty (30) days before filing a complaint, make an offer to purchase the property in the form prescribed in subsection (c). The offer must be served personally or by certified mail upon:(1) the owner of the property sought to be acquired; or(2) the owner's designated representative.(b) If the offer cannot be served personally or by certified mail, or if the owner or the owner's designated representative cannot be found, notice of the offer shall be given by publication in a newspaper of general circulation in the county in which the property is located or in the county where the owner was last known to reside. The notice must be in the following form:
IN Code § 32-24-1-5.5 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-5.5. Time Limit for Filing a Complaint

Sec. 5.5. (a) Except as provided in sections 5.8 and 5.9 of this chapter, this section applies to every person that may exercise the power of eminent domain.(b) If:(1) a person that may exercise the power of eminent domain submits a written acquisition offer to the owner of a parcel of real estate under section 5 of this chapter; and(2) the owner rejects the offer;the person shall file a complaint under this article to acquire the parcel by the exercise of eminent domain not more than two (2) years after the date the person submitted the written acquisition offer to the owner.(c) If a person that may exercise the power of eminent domain fails to meet the requirements described in subsection (b) concerning a parcel of real estate, the person may not initiate an action under this article to acquire the parcel through the power of eminent domain for the same project or a substantially similar project for at least three (3) years after the date the two (2) year period described in subsection (b) expires.As added by P.L.163-2006, SEC.7.
IN Code § 32-24-1-5.8 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-5.8. Time Limit for Filing a Complaint; Indiana Department of Transportation Projects

Sec. 5.8. (a) This section applies only to:(1) the Indiana department of transportation when the department seeks to acquire a parcel of land or a property right for the construction, reconstruction, improvement, maintenance, or repair of a:(A) state highway; or(B) toll road project or toll bridge; and(2) any other person that may exercise the power of eminent domain when the person seeks to acquire a parcel of land or a property right for the construction, reconstruction, improvement, maintenance, or repair of a feeder road for an Indiana department of transportation project described in subdivision (1) if the construction, reconstruction, improvement, maintenance, or repair of the feeder road begins not later than five (5) years from the conclusion of the project.(b) If:(1) the Indiana department of transportation or other person described in subsection (a)(2) submits a written acquisition offer to the owner of a parcel of real estate under section 5 of this chapter; and(2) the owner rejects the offer;the department or other person shall file a complaint under this article to acquire the parcel by the exercise of eminent domain not more than three (3) years after the date the department or other person submitted the written acquisition offer to the owner.(c) If the Indiana department of transportation or other person fails to meet the requirements described in subsection (b) concerning a parcel of real estate, the department or other person may not initiate an action under this article to acquire the parcel through the power of eminent domain for the same or a substantially similar project for at least three (3) years after the date the three (3) year period described in subsection (b) expires.(d) A court shall expedite the hearing of an action initiated under subsection (b). A party to the action is entitled to an expedited appeal of the court's final determination, under rules to be adopted by the supreme court.As added by P.L.163-2006, SEC.8. Amended by P.L.11-2014, SEC.1.
IN Code § 32-24-1-5.9 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-5.9. Time Limit for Filing a Complaint; Public Utilities and Pipeline Companies

Sec. 5.9. (a) As used in this section, "public utility" means a public utility, municipally owned utility, cooperatively owned utility, joint agency created under IC 8-1-2.2, municipal sanitation department operating under IC 36-9-23, sanitary district operating under IC 36-9-25, or an agency operating as a stormwater utility.(b) This section applies only to a public utility or pipeline company.(c) If:(1) a public utility or pipeline company submits a written acquisition offer to the owner of a parcel of real estate under section 5 of this chapter; and(2) the owner rejects the offer in writing;the public utility or pipeline company, to acquire the parcel by the exercise of eminent domain, must file a complaint under this article not more than six (6) years after the date on which the public utility or pipeline company submitted the written acquisition offer to the owner.(d) If a public utility or pipeline company fails to meet the requirements set forth in subsection (c) concerning a parcel of real estate, the public utility or pipeline company may not initiate an action under this article to acquire the parcel through the power of eminent domain for the same project or a substantially similar project for at least two (2) years after the date on which the six (6) year period described in subsection (c) expires.As added by P.L.163-2006, SEC.9.
IN Code § 32-24-1-6 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-6. Notice to Appear in Court; Notice of Right to Object; Form of Notice

Sec. 6. (a) Upon the filing of a complaint under this chapter, the circuit court clerk shall issue a notice requiring the defendants to appear before the court on the day to be fixed by the plaintiff by indorsement on the complaint at the time of filing the complaint, and to show cause, if any, why the property sought to be condemned should not be acquired. The notice must also provide notice to defendants of their right to object under section 8 of this chapter not later than thirty (30) days from the date the notice is served. The notice must include, either as an attachment or as part of the language of the notice, the full text of section 8 of this chapter. The notice shall be substantially in the following form:In the ____________ Court of Indiana.To the Sheriff of _______________ County, Indiana:You are hereby commanded to notify _______________, defendants, to appear before the __________ Court of _____________ County, Indiana on the ____ day of _________, 20_______, at _______ o'clock, __ M. to object to the condemnation of property sought to be acquired in the complaint of _______. If defendants object to the acquisition of the property, defendants must file objections with the court under IC 32-24-1-8 not later than thirty (30) days after the date this notice is served. The court may extend the period for filing objections by an additional thirty (30) days upon written motion of the defendants.Witness my hand and the seal of the court affixed at _____________, Indiana, this ___ day of __________, 20_______.Clerk of _________________ Court.(b) The notice shall be served in the same manner as a summons is served in civil actions. Upon a showing by affidavit that any defendant is a nonresident of Indiana or that the defendant's name or residence is unknown, publication and proof of the notice may be made as provided in section 7 of this chapter.[Pre-2002 Recodification Citation: 32-11-1-3.]As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.2.
IN Code § 32-24-1-7 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-7. Notice to Appear in Court; Publication; Nonresident Landowners; Assessment of Damages

Sec. 7. (a) The notice, upon its return, must show its:(1) service for ten (10) days; or(2) proof of publication for three (3) successive weeks:(A) with each publication of the notice in a weekly newspaper of general circulation printed and published in the English language in the county in which the property sought to be acquired is located; or(B) with the first publication of notice in a newspaper described in clause (A) and the two (2) subsequent publications of notice:(i) in accordance with IC 5-3-5; and(ii) on the official web site of the county.The last publication of the notice must be five (5) days before the day set for the hearing.(b) The clerk of the court in which the proceedings are pending, upon the first publication of the notice, shall send to the post office address of each nonresident owner whose property will be affected by the proceedings a copy of the notice, if the post office address of the owner or owners can be ascertained by inquiry at the office of the treasurer of the county.(c) The court, being satisfied of the regularity of the proceedings and the right of the plaintiff to exercise the power of eminent domain for the use sought, shall appoint:(1) one (1) disinterested freeholder of the county; and(2) two (2) disinterested appraisers licensed under IC 25-34.1;who are residents of Indiana to assess the damages, or the benefits and damages, as the case may be, that the owner or owners severally may sustain, or be entitled to, by reason of the acquisition. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the property.[Pre-2002 Recodification Citation: 32-11-1-4.]As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.19; P.L.152-2021, SEC.32.
IN Code § 32-24-1-8 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-8. Objections to Proceedings; Appeals; Attorney's Fees

Sec. 8. (a) A defendant may object to the proceedings:(1) because the court does not have jurisdiction either of the subject matter or of the person;(2) because the plaintiff does not have the right to exercise the power of eminent domain for the use sought; or(3) for any other reason disclosed in the complaint or set up in the objections.(b) Objections under subsection (a) must be:(1) in writing;(2) separately stated and numbered; and(3) filed not later than thirty (30) days after the date the notice required in section 6 of this chapter is served on the defendant. However, the court may extend the period for filing objections by not more than thirty (30) days upon written motion of the defendant.(c) The court may not allow pleadings in the cause other than the complaint, any objections, and the written exceptions provided for in section 11 of this chapter. However, the court may permit amendments to the pleadings.(d) If an objection is sustained, the plaintiff may amend the complaint or may appeal from the decision in the manner that appeals are taken from final judgments in civil actions. All the parties shall take notice and are bound by the judgment in an appeal.(e) If the objections are overruled, the court shall appoint appraisers as provided for in this chapter. Any defendant may appeal the interlocutory order overruling the objections and appointing appraisers in the manner that appeals are taken from final judgments in civil actions.(f) All the parties shall take notice of and be bound by the judgment in the appeal.(g) The transcript must be filed in the office of the clerk of the supreme court not later than thirty (30) days after the notice of the defendant's appeal is filed. The appeal does not stay proceedings in the cause.(h) This subsection does not apply to a condemnation action brought by a public utility (as defined in section 5.9(a) of this chapter) or by a pipeline company. Notwithstanding section 14 of this chapter, if an objection:(1) is sustained, and no appeal is filed; or(2) is sustained in the judgment in the appeal;the court shall award the defendant the reasonable costs and attorney's fees incurred for the objection, in an amount not to exceed twenty-five thousand dollars ($25,000).[Pre-2002 Recodification Citation: 32-11-1-5.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.10; P.L.146-2017, SEC.12; P.L.80-2020, SEC.3.
IN Code § 32-24-1-9 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-9. Appraisers; Oath and Duty

Sec. 9. (a) Each appraiser shall take an oath that:(1) the appraiser has no interest in the matter; and(2) the appraiser will honestly and impartially make the assessment.(b) After the appraisers are sworn as provided in subsection (a), the judge shall instruct the appraisers as to:(1) their duties as appraisers; and(2) the measure of the damages and benefits, if any, they allow.(c) The appraisers shall determine and report all of the following:(1) The fair market value of each parcel of property sought to be acquired and the value of each separate estate or interest in the property.(2) The fair market value of all improvements pertaining to the property, if any, on the portion of the property to be acquired.(3) The damages, if any, to the residue of the property of the owner or owners caused by taking out the part sought to be acquired.(4) The other damages, if any, that will result to any persons from the construction of the improvements in the manner proposed by the plaintiff.(d) If the property is sought to be acquired by the state or by a county for a public highway or a municipal corporation for a public use that confers benefits on any property of the owner, the report must also state the benefits that will accrue to each parcel of property, set opposite the description of each parcel of property whether described in the complaint or not.(e) Except as provided in subsection (f), in estimating the damages specified in subsection (c), the appraisers may not deduct for any benefits that may result from the improvement.(f) In the case of a condemnation by the state or by a county for a public highway or a municipal corporation for public use, the appraisers shall deduct any benefits assessed from the amount of damage allowed, if any, under subsection (c)(3) and (c)(4) and the difference, if any, plus the damages allowed under subsection (c)(1) and (c)(2) shall be the amount of the award. However, the damages awarded may not be less than the damages allowed under subsection (c)(1) and (c)(2). Upon the trial of exceptions to the award by either party, a like measure of damages must be followed.(g) For the purpose of assessing compensation and damages, the right to compensation and damages is considered to have accrued as of the date of the service of the notice provided in section 6 of this chapter, and actual value of compensation and damages at that date shall be:(1) the measure of compensation for all property to be actually acquired; and(2) the basis of damages to property not actually acquired but injuriously affected;except as to the damages stated in subsection (c)(4).[Pre-2002 Recodification Citation: 32-11-1-6.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-1-10 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-10. Payment of Benefits or Damages Assessed

Sec. 10. (a) If the plaintiff pays to the circuit court clerk the amount of damages assessed under section 9 of this chapter, the plaintiff may take possession of and hold the interest in the property so acquired for the uses stated in the complaint, subject to the appeal provided for in section 8 of this chapter. But the amount of the benefits or damages is subject to review as provided in section 11 of this chapter.(b) Upon payment by the plaintiff of the amount of the award of the court appointed appraisers, the plaintiff shall file or cause to be filed with the auditor of the county in which the property is located a certificate, certifying the amount paid to the circuit court clerk and including the description of the property being acquired. The auditor of the county shall then transfer the property being acquired to the plaintiff on the tax records of the county.[Pre-2002 Recodification Citation: 32-11-1-7.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-1-12 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-12. Offer of Settlement; Acceptance; Rejection

Sec. 12. (a) Not later than forty-five (45) days before a trial involving the issue of damages, the plaintiff shall, and a defendant may, file and serve on the other party an offer of settlement. Not more than five (5) days after the date offer of settlement is served, the party served may respond by filing and serving upon the other party an acceptance or a counter offer of settlement. The offer must state that it is made under this section and specify the amount, exclusive of interest and costs, that the party serving the offer is willing to accept as just compensation and damages for the property sought to be acquired. The offer or counter offer supersedes any other offer previously made under this chapter by the party.(b) An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer before the trial on the issue of the amount of damages begins.(c) If the offer is rejected, it may not be referred to for any purpose at the trial but may be considered solely for the purpose of awarding costs and litigation expenses under section 14 of this chapter.(d) This section does not limit or restrict the right of a defendant to payment of any amounts authorized by law in addition to damages for the property taken from the defendant.(e) This section does not apply to an action brought under IC 8-1-13-19 (repealed).[Pre-2002 Recodification Citation: 32-11-1-8.1.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.11.
IN Code § 32-24-1-13 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-13. Highways and Roads; Appointment of Appraisers

Sec. 13. (a) The Indiana department of transportation or any state board, agency, or commission that succeeds the department in respect to the duties to locate, relocate, construct, reconstruct, repair, or maintain the public highways of Indiana, having the right to exercise the power of eminent domain for the public use, in its action for condemnation is not required to prove that an offer of purchase was made to the property owner in an action under this article.(b) The court shall on the return day fixed at the time of the filing of the complaint appoint appraisers as provided by law and fix a day not later than ten (10) days after the date of the court's order for the appraisers to appear, qualify, and file their report of appraisal.(c) If the appraisers appointed by the court fail to appear, qualify, and file their report of appraisal as ordered by the court, the court shall discharge the appraisers and appoint new appraisers in the same manner as provided in subsection (b).[Pre-2002 Recodification Citation: 32-11-1-9.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-1-14 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 1. General Procedures|32-24-1-14. Costs of Proceedings; Litigation Expenses

Sec. 14. (a) Except as provided in subsection (b), the plaintiff shall pay the costs of the proceedings.(b) If there is a trial, the additional costs caused by the trial shall be paid as ordered by the court. However, if there is a trial and the amount of damages awarded to the defendant by the judgment, exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by the plaintiff under section 12 of this chapter, the court shall allow the defendant the defendant's litigation expenses, including reasonable attorney's fees, in an amount not to exceed the lesser of:(1) twenty-five thousand dollars ($25,000); or(2) the fair market value of the defendant's property or easement as determined under this chapter.[Pre-2002 Recodification Citation: 32-11-1-10.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.12.