reglab/housing_qa huggingface dataset:
IN Code § 32-24-3-2 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 3. Procedures for State Government|32-24-3-2. Notice; Appointment of Appraisers

Sec. 2. Upon filing the petition, the attorney general shall provide the owners of the property the notice required by law in the commencement of a civil action. It is sufficient to make defendants to the petition all persons who are in possession of the property and those who appear to be the owners or to have any interest in the property by the tax duplicates and the records in the offices of the auditor and recorder of the county. After notice has been given, the court shall appoint:(1) one (1) disinterested resident freeholder of the county where the property is located; and(2) two (2) disinterested appraisers licensed under IC 25-34.1;who are residents of Indiana to appraise the value of the property. One (1) of the licensed appraisers appointed under this subsection must reside not more than fifty (50) miles from the land or building.[Pre-2002 Recodification Citation: 32-11-2-2.]As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.20.
IN Code § 32-24-3-3 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 3. Procedures for State Government|32-24-3-3. Oath and Report of Appraisers

Sec. 3. (a) Before entering upon their duties, the appraisers shall take and subscribe an oath that they will honestly appraise the property at its fair cash value.(b) The appraisers shall make a report of their appraisement within a time fixed by the court.(c) If the appraisers fail for any cause to make a report within the time fixed by the court, the court may extend the time or may appoint other appraisers.[Pre-2002 Recodification Citation: 32-11-2-3.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-3-4 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 3. Procedures for State Government|32-24-3-4. Exceptions to Report of Appraiser

Sec. 4. (a) After the appraisers file their report, any of the defendants may, within a reasonable time fixed by the court, file exceptions to the report, alleging that the appraisement of the property, as made by the appraisers, is not the true cash value of the property. If exceptions are filed, a trial on the exceptions shall be held by the court or before a jury, if asked by either party.(b) The circuit court clerk shall give notice of filing of the appraisers' report to all known parties to the action and their attorneys of record by certified mail.(c) Upon the trial of the exceptions, the court may revise, correct, amend, or confirm the appraisement in accordance with the finding of the court or verdict of the jury.(d) The court shall apportion the costs accruing in the proceedings as justice may require. However, if applicable, a landowner who incurs attorney's fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney's fees in accordance with IC 32-24-1-14.(e) Changes of venue may be had as in other cases.[Pre-2002 Recodification Citation: 32-11-2-4.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.15.
IN Code § 32-24-3-5 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 3. Procedures for State Government|32-24-3-5. Payment of Value of Real Estate

Sec. 5. When the value of the property has been finally determined by the court, the governor may provide for the amount so found and may direct the auditor of state to draw a warrant on the treasurer of state to be paid out of any fund available in favor of the clerk of the circuit court. The clerk shall receive the money and hold it in court for the use of the owners and other persons adjudged to be entitled to the money.[Pre-2002 Recodification Citation: 32-11-2-5.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-3-6 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 3. Procedures for State Government|32-24-3-6. Receipt of Payment; Execution of Deed

Sec. 6. Upon payment to the clerk of the circuit court and the filing of a receipt for the payment of the money in open court as a part of the proceedings of the cause, the court shall direct the clerk of the circuit court to:(1) execute a deed conveying the title of the property to the state of Indiana; and(2) deliver the deed to the governor.[Pre-2002 Recodification Citation: 32-11-2-6.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-4-1 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4. Procedures for Utilities and Other Corporations|32-24-4-1. Public Utilities

Sec. 1. (a) A person, firm, partnership, limited liability company, or corporation authorized to do business in Indiana and authorized to:(1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or communications by telegraph or telephone to the public or to any town or city; or(2) construct, maintain or operate turnpikes, toll bridges, canals, public landings, wharves, ferries, dams, aqueducts, street railways, or interurban railways for the use of the public or for the use of any town or city;may take, acquire, condemn, and appropriate land, real estate, or any interest in the land or real estate to accomplish the essential delivery of services described in subdivisions (1) and (2).(b) A person described in subsection (a) has all accommodations, rights, and privileges necessary to accomplish the use for which the property is taken. A person acting under subsection (a) may use acquired, condemned, or appropriated land to construct railroad siding, switch, or industrial tracks connecting its plant or facilities with the tracks of any common carrier.[Pre-2002 Recodification Citation: 32-11-3-1.]As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.16.
IN Code § 32-24-4-2 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4. Procedures for Utilities and Other Corporations|32-24-4-2. Fee Simple or Easements

Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condemn, and appropriate an easement.[Pre-2002 Recodification Citation: 32-11-3-2.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-4-3 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4. Procedures for Utilities and Other Corporations|32-24-4-3. Authority to Exercise Eminent Domain

Sec. 3. The appropriation and condemnation of land and easements in land authorized under this chapter shall be made under IC 32-24-1, except as otherwise provided in this chapter.[Pre-2002 Recodification Citation: 32-11-3-3.]As added by P.L.2-2002, SEC.9.
IN Code § 32-24-4.5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-1. Application of Chapter; "Public Use"

Sec. 1. (a) As used in this section, "public use" means the:(1) possession, occupation, and enjoyment of a parcel of real property by the general public or a public agency for the purpose of providing the general public with fundamental services, including the construction, maintenance, and reconstruction of highways, bridges, airports, ports, certified technology parks, intermodal facilities, and parks;(2) leasing of a highway, bridge, airport, port, certified technology park, intermodal facility, or park by a public agency that retains ownership of the parcel by written lease with right of forfeiture; or(3) use of a parcel of real property to create or operate a public utility, an energy utility (as defined in IC 8-1-2.5-2), or a pipeline company.The term does not include the public benefit of economic development, including an increase in a tax base, tax revenues, employment, or general economic health.(b) This chapter applies to a condemnor that exercises the power of eminent domain to acquire a parcel of real property:(1) from a private person;(2) with the intent of ultimately transferring ownership or control to another private person; and(3) for a use that is not a public use.(c) This chapter does not apply thirty (30) years after the acquisition of the real property.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-2 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-2. "Condemnor"

Sec. 2. As used in this chapter, "condemnor" means a person authorized to exercise the power of eminent domain.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-3 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-3. "Parcel of Real Property"

Sec. 3. As used in this chapter, "parcel of real property" means real property that:(1) is under common ownership; and(2) a condemnor is seeking to acquire.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-4 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-4. "Private Person"

Sec. 4. As used in this chapter, "private person" means a person other than a public agency.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-5 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-5. "Public Agency"

Sec. 5. (a) As used in this chapter, "public agency" means:(1) a state agency (as defined in IC 4-13-1-1);(2) a unit (as defined in IC 36-1-2-23);(3) a body corporate and politic created by state statute;(4) a school corporation (as defined in IC 20-26-2-4); or(5) another governmental unit or district with eminent domain powers.(b) The term does not include a state educational institution.As added by P.L.163-2006, SEC.17. Amended by P.L.2-2007, SEC.365.
IN Code § 32-24-4.5-6 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-6. "Relocation Costs"

Sec. 6. As used in this chapter, "relocation costs" means relocation expenses payable in accordance with the federal Uniform Relocation Assistance Act (42 U.S.C. 4601 through 42 U.S.C. 4655).As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-6.2 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-6.2. "Residential Property"

Sec. 6.2. As used in this chapter, "residential property" means real property that consists of:(1) a single family dwelling that is not owned for the purpose of resale, rental, or leasing in the ordinary course of the owner's business; and(2) the land on which the dwelling is located.As added by P.L.88-2019, SEC.1.
IN Code § 32-24-4.5-8 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-8. Compensation for Owners of Acquired Property; Application to Residential Property

Sec. 8. (a) Notwithstanding IC 32-24-1, a condemnor that acquires a parcel of real property through the exercise of eminent domain under this chapter shall compensate the owner of the parcel as follows:(1) For agricultural land:(A) either:(i) payment to the owner equal to one hundred twenty-five percent (125%) of the fair market value of the parcel as determined under IC 32-24-1; or(ii) upon the request of the owner and if the owner and condemnor both agree, transfer to the owner of an ownership interest in agricultural land that is equal in acreage to the parcel acquired through the exercise of eminent domain;(B) payment of any other damages determined under IC 32-24-1 and any loss incurred in a trade or business that is attributable to the exercise of eminent domain; and(C) payment of the owner's relocation costs, if any.(2) Subject to subsection (b), for residential property:(A) payment to the owner equal to one hundred fifty percent (150%) of the fair market value of the parcel as determined under IC 32-24-1;(B) payment of any other damages determined under IC 32-24-1 and any loss incurred in a trade or business that is attributable to the exercise of eminent domain; and(C) payment of the owner's relocation costs, if any.(3) For a parcel of real property not described in subdivision (1) or (2):(A) payment to the owner equal to one hundred percent (100%) of the fair market value of the parcel as determined under IC 32-24-1;(B) payment of any other damages determined under IC 32-24-1 and any loss incurred in a trade or business that is attributable to the exercise of eminent domain; and(C) payment of the owner's relocation costs, if any.(b) Subsection (a)(2) applies:(1) only to residential property occupied by the owner as a residence, in the case of an eminent domain proceeding:(A) initiated before July 1, 2019; and(B) with respect to which the fair market value of the parcel has been determined under IC 32-24-1 before July 1, 2019; and(2) to all residential property, regardless of whether the property is occupied by the owner as a residence, in the case of an eminent domain proceeding initiated:(A) after June 30, 2019; or(B) before July 1, 2019, and with respect to which the fair market value of the parcel has not been determined under IC 32-24-1 before July 1, 2019.As added by P.L.163-2006, SEC.17. Amended by P.L.88-2019, SEC.2.
IN Code § 32-24-4.5-9 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-9. Offer of Settlement

Sec. 9. (a) Not later than forty-five (45) days before a trial involving the issue of compensation, the condemnor shall, and an owner may, file and serve on the other party an offer of settlement. Not more than five (5) days after the date the 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 10 of this chapter.(d) This section does not limit or restrict the right of an owner to payment of any amounts authorized by law in addition to damages for the property taken from the owner.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-10 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-10. Costs of Proceedings

Sec. 10. (a) Except as provided in subsection (b), the condemnor 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 owner by the judgment, exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by the condemnor under section 9 of this chapter, the court shall require the condemnor to pay the owner's litigation expenses, including reasonable attorney's fees, in an amount that does not exceed twenty-five percent (25%) of the cost of the acquisition.As added by P.L.163-2006, SEC.17.
IN Code § 32-24-4.5-11 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 4.5. Procedures for Transferring Ownership or Control of Real Property Between Private Persons|32-24-4.5-11. Acquisition of Property in Certain Project Areas

Sec. 11. (a) This section applies to a parcel of real property located in a project area:(1) that is located in only one (1) county;(2) that is at least ten (10) acres in size; and(3) in which a condemnor or its agents has acquired clear title to at least ninety percent (90%) of the parcels in the project area.(b) As used in this section, "project area" means an area designated by a condemnor and the legislative body for the condemnor for economic development.(c) Notwithstanding sections 7 and 8 of this chapter, a condemnor may acquire a parcel of real property by the exercise of eminent domain under this section only if all of the following conditions are met:(1) The parcel of real property is not occupied by the owner of the parcel as a residence.(2) The legislative body for the condemnor adopts a resolution by a three-fourths (3/4) vote that authorizes the condemnor to exercise eminent domain over a particular parcel of real property.(d) A condemnor that acquires a parcel of real property through the exercise of eminent domain under this section shall compensate the owner of the parcel as follows:(1) Payment to the owner equal to one hundred twenty five percent (125%) of the fair market value of the parcel as determined under IC 32-24-1.(2) Payment of any other damages as determined under IC 32-24-1 and any loss incurred in a trade or business that is attributable to the exercise of eminent domain.(3) Payment of the owner's relocation costs, if any.(e) The condemnor may not acquire a parcel of real property through the exercise of eminent domain under this section if the owner of the parcel demonstrates by clear and convincing evidence that:(1) the location of the parcel is essential to the viability of the owner's commercial activity and the payment of damages and relocation costs cannot adequately compensate the owner of the parcel; or(2) the parcel is not necessary for the economic development project for which it is sought.(f) The court shall award the payment of reasonable attorney's fees to the owner of a parcel in accordance with this chapter.As added by P.L.163-2006, SEC.17. Amended by P.L.80-2020, SEC.8.
IN Code § 32-24-5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 5. Eminent Domain for Gas or Carbon Dioxide Storage|32-24-5-1. Subsurface Strata or Formations

Sec. 1. (a) Whereas, the storage of gas in subsurface strata or formations of the earth in Indiana tends to insure a more adequate supply of gas to domestic, commercial, and industrial consumers of gas in this state and materially promotes the economy of the state, the storage of gas is declared to be in public interest and for the welfare of Indiana and the people of Indiana and to be a public use.(b) Whereas, because the underground storage of carbon dioxide in subsurface strata or formations of the earth can assist efforts to reduce carbon dioxide emissions and thus materially promotes the well-being of citizens of the state, the underground storage of carbon dioxide is declared to be:(1) in the public interest and for the welfare of Indiana and the people of Indiana; and(2) a public use.[Pre-2002 Recodification Citation: 32-11-4-1.]As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.12.
IN Code § 32-24-5-3 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 5. Eminent Domain for Gas or Carbon Dioxide Storage|32-24-5-3. Oil and Gas Leases; Drilling Into Gas Storage Stratum

Sec. 3. (a) The rights acquired by condemnation under this chapter must be without prejudice to the rights and interests of the owners or their lessees to:(1) execute oil and gas leases;(2) drill or bore to any other strata or formation not condemned; and(3) produce oil and gas discovered.However, any drilling and all operations in connection with the drilling must be performed in a manner that protects the strata or formations condemned against the loss of gas and against contamination of the reservoir by water, oil, or other substance that will affect the use of the condemned strata or formations for gas storage purposes.(b) If the owners of mineral rights or the owners' lessees drill into land in which gas storage rights have been condemned under this chapter, the owners of mineral rights or their lessees shall give notice to the owner of the gas storage stratum, formation, or horizon at least thirty (30) days before commencing the drilling. The notice must specify the location and nature of the operations, including the depth to be drilled. The notice must be given by United States registered or certified mail, return receipt requested, and addressed to the usual business address of the owner or owners of the gas storage stratum or formation condemned under this chapter.(c) It is the duty of the owner of a gas storage stratum or formation to designate all necessary procedures for protecting the gas storage area. The actual costs incurred over and above customary and usual drilling and other costs that would have been incurred without compliance with the requirements shall be borne by the owner of the gas storage stratum or formation. An owner or lessee of mineral interests other than gas storage rights is not responsible for an act done under such a requirement or the consequences of this act.[Pre-2002 Recodification Citation: 32-11-4-3.]As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.14.
IN Code § 32-24-5-4 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 5. Eminent Domain for Gas or Carbon Dioxide Storage|32-24-5-4. Rights Appropriated and Condemned; Compensation Paid

Sec. 4. Only the rights in land necessary for use in connection with:(1) the underground storage of gas and those subsurface strata adaptable for underground storage of gas; and(2) the carbon sequestration pilot project established under IC 14-39-1;may be appropriated and condemned under this chapter. Rights in the subsurface of land constituting a part of a geological structure are deemed necessary to the operation of an underground storage reservoir in the structure. In determining the compensation to be paid to the owner of an oil producing stratum, or interest in the stratum, condemned under this chapter, proof may be offered and consideration must be given to potential recovery, if any, of oil from a stratum by secondary or other subsequent recovery processes in addition to potential recovery by a primary process.[Pre-2002 Recodification Citation: 32-11-4-4.]As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.15.
IN Code § 32-24-5-5 (2021)
2021 Indiana Code|Title 32. Property|Article 24. Eminent Domain|Chapter 5. Eminent Domain for Gas or Carbon Dioxide Storage|32-24-5-5. Statutory Procedures for Condemnation

Sec. 5. The appropriation and condemnation of:(1) subsurface strata or formations in land; and(2) rights in and easements in land and subsurface strata or formations;authorized by this chapter must be made under IC 32-24-1.[Pre-2002 Recodification Citation: 32-11-4-5.]As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.16.