reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-10. Remonstrances; Appeal

Sec. 10. (a) A person notified or considered to be notified under this chapter may appear before the works board on the day fixed for hearing remonstrances to awards and assessments and the municipality's right to exercise the power of eminent domain for the use sought and remonstrate in writing against them.
(b) After the remonstrances have been received, the works board shall either sustain or modify the awards or assessments in the case of remonstrances that have been filed that are based on the amount of the awards or assessments. The works board shall sustain the award or assessment in the case of an award or assessment against which a remonstrance has not been filed.
(c) If a person remonstrates in writing an objection to the municipality's right to exercise the power of eminent domain for the use sought, the works board shall consider the remonstrance and confirm, modify, or rescind its original resolution.
(d) A person remonstrating in writing who is aggrieved by the decision of the works board may, not later than thirty (30) days after the decision is made, take an appeal to a court that has jurisdiction in the county in which the municipality is located. The appeal affects only the assessment or award of the person appealing.
[Pre-2002 Recodification Citation: 32-11-1.5-7.]
As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.6.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-11. Appeal Procedure; Discontinuance

Sec. 11. (a) The appeal may be taken by filing an original complaint in the court against the municipality within the time required by section 10(d) of this chapter, setting forth the action of the works board with respect to the assessment and stating the facts relied upon as showing an error on the part of the board. The court shall rehear the matter of the assessment de novo and confirm, reduce, or increase the assessment. If the court reduces the amount of benefit assessed or increases the amount of damages awarded, the plaintiff may recover costs. If the court confirms the amount of the assessment, the plaintiff may not recover costs.
(b) If upon appeal the benefits assessed or damages awarded by the works board are reduced or increased, the municipality may, upon the payment of costs, discontinue the proceedings. It may also, through the works board, make and adopt an additional assessment against all the property originally assessed in the proceeding, or that part that is benefitted, in the manner provided for the original assessment. However, such an assessment against any one (1) piece of property may not exceed ten percent (10%) of the original assessment against it.
(c) If the municipality decides to discontinue the proceedings upon payment of costs and if assessments for benefits have already been paid, the amounts paid shall be paid back to the person or persons paying them.
(d) The parties may appeal a court's judgment under this section in the manner that appeals are taken from final judgments in civil actions. All of the parties shall take notice of and be bound by the judgment of the appeal.
[Pre-2002 Recodification Citation: 32-11-1.5-8.]
As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.7.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-12. Assessment of Benefits; Local Assessment Roll

Sec. 12. (a) Upon completion of the assessment list by the works board, the list shall be delivered to the fiscal officer of the municipality. From the time the respective amounts of benefits are assessed, or if a lot or parcel has sustained both benefits and damages because of an improvement as stated in the assessment list, then the excess of benefits assessed over damages awarded constitutes a lien superior to all other liens except taxes against the respective lot or parcel.
(b) The fiscal officer of the municipality shall immediately prepare a list of the excess of benefits, to be known as the local assessment list. If the municipality is a second class city and the county treasurer collects money due the city, the local assessment list shall be delivered to the county treasurer.
(c) The duties of the fiscal officer of the municipality and county treasurer are the same as prescribed with regard to assessments for street improvement. The provisions of the statute relating to:
(1) the payment of street improvement assessments by installments on the signing of waivers and issuance of bonds and coupons in anticipation;
(2) the duties of the fiscal officer and the county treasurer in relation to them; and
(3) the enforcement of payment of assessments in proceedings for the improvement of streets by the works board;
applies to these assessments.
[Pre-2002 Recodification Citation: 32-11-1.5-9.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-13. Due Date of Benefit Assessments; Foreclosure of Liens; Costs

Sec. 13. (a) The benefit assessments are due and payable to the fiscal officer or county treasurer from the time of the preparation or delivery of the assessment duplicate.
(b) If an assessment is not paid within sixty (60) days, the municipality, by its attorney, shall proceed to foreclose the liens as mortgages are foreclosed, with similar rights of redemption, and have the property sold to pay the assessments. The municipality may recover costs, with reasonable attorney's fees, and interest from the expiration of the sixty (60) days allowed for payment, at the rate of six percent (6%) per year.
(c) If the person against whom the assessment is made is a resident of the municipality, demand for payment must be made by delivering to the person personally, or leaving at the person's last or usual place of residence, a notice of the assessment and demand for payment.
[Pre-2002 Recodification Citation: 32-11-1.5-10.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-14. Payment of Damage Awards

Sec. 14. The works board may determine if any part of the damages awarded shall be paid out of funds appropriated for the use of the board. However, not more than two thousand dollars ($2,000) in damages may be paid out of the municipality's funds for any improvement or condemnation except under an ordinance appropriating money for the specific improvement or condemnation. All benefits assessed and collected by the fiscal officer or county treasurer are subject to draft, in the usual manner, upon certificate by the works board in favor of persons to whom damages have been awarded. Any surplus remaining above actual awards belongs to the municipality. The works board may delay proceedings until the benefits have been collected.
[Pre-2002 Recodification Citation: 32-11-1.5-11.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-15. Certificates of Damages; Disputes as to Whom Damages Should Be Paid; Injunction

Sec. 15. (a) Upon completion of the award of damages or whenever any time for delay as provided has expired, the works board shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the fiscal officer of the municipality entitles the person to a warrant on the fiscal officer or the county treasurer. The certificates or vouchers shall, whenever practicable, be actually tendered to the persons entitled to them, but when this is impracticable, they shall be kept for the persons in the office of the works board. The making and fixing of the certificate is a valid and effectual tender to the person entitled to it, and the certificate must be delivered to that person on request.
(b) If a dispute or doubt arises as to which person the money shall be paid, the works board shall make out the certificate in favor of the municipality's attorney for the use of the persons entitled to it. The attorney shall draw the money and pay it into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined.
(c) If an injunction is obtained because damages have not been paid or tendered, the works board may tender the certificate for the amount with interest from the time of entry upon the property, if any has been made, including all accrued costs. The injunction shall then be dissolved. The pendency of an appeal does not affect the validity of a tender made under this section, but the municipality may proceed with its acquisition of the property in question. However, when a lot or parcel has sustained both benefits and damages because of improvements as stated in the assessment list, only an excess of damages awarded over benefits assessed is payable under this section.
[Pre-2002 Recodification Citation: 32-11-1.5-12.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-16. Shoreline Improvements; Condemnation Procedure

Sec. 16. (a) This section applies whenever the works board of a municipality located upon or adjoining a harbor connected with a navigable stream or lake, or upon any navigable channel, slip, waterway, or watercourse, wants to acquire for the use of the municipality any property for a right-of-way for seawalls, docks, or other improvement of the harbor, channel, slip, waterway or watercourse.
(b) The works board shall adopt a resolution that the municipality wants to acquire the property, describing the property that may be injuriously or beneficially affected. All proceedings necessary for the completion of and payment for any such undertaking, including notice, remonstrance, appeal, letting of and performance of contracts, assessment and collection of payment for benefits, and the determination and payment of damages to property, are the same, to the extent applicable, as those proceedings for street improvements of the municipality by its works board or other entity charged by statute with the performance of those duties on behalf of the municipality.
[Pre-2002 Recodification Citation: 32-11-1.5-13.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-17. Attorney's Fees

Sec. 17. 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.
As added by P.L.163-2006, SEC.14.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 3. Procedures for State Government › 32-24-3-1. Commencement of Action

Sec. 1. If the governor considers it necessary:
(1) to acquire property on which to construct public buildings for the state; or
(2) to acquire property adjoining state property on which buildings have been erected;
the governor may order the attorney general to file an action in the name of the state. The attorney general shall file the action in a court that has jurisdiction in the county in which the property is located. The state's petition must ask that appraisers be appointed to appraise the value of the property considered necessary to be acquired for the public uses of the state.
[Pre-2002 Recodification Citation: 32-11-2-1.]
As added by P.L.2-2002, SEC.9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 6. Exceptions to Eminent Domain Assessments › 32-24-6-1. Law Governing Procedure

Sec. 1. (a) A party may file a written objection in a proceeding for the condemnation or appropriation of property for public use brought by:
(1) the state of Indiana;
(2) a commission, a department, or an agency of the state;
(3) a county;
(4) a township;
(5) a city;
(6) a town; or
(7) a taxing district;
under a law of the state authorizing the assessment of damages or benefits, appraisal, compensation, condemnation, or appropriation of property for public use.
(b) A party aggrieved by:
(1) the assessment of compensation or damages;
(2) the fixing of the value of the property involved; or
(3) the fixing of benefits;
as set forth in the report of an appraiser filed in a proceeding described in subsection (a) may file written exceptions in the office of the clerk of the court in which the cause is pending within ten (10) days after the report is filed. After the objections are filed, the cause shall proceed to issue, trial, and judgment as in civil actions in accordance with the provisions of the law not in conflict with this chapter governing the procedure in eminent domain as defined in IC 32-24-1.
[Pre-2002 Recodification Citation: 32-11-6-1.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 6. Exceptions to Eminent Domain Assessments › 32-24-6-2. Appraisers' Report; Notice of Filing; Period of Exceptions

Sec. 2. In the exercise of the power of eminent domain, notice of filing of the appraisers' report shall be given by the clerk of the court to all known parties to the action by certified mail. Any period of exceptions after which the parties are barred from disputing the appraisal and condemnation shall run from the date of mailing.
[Pre-2002 Recodification Citation: 32-11-6-1.5.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 7. Procedure for Libraries › 32-24-7-1. Application of Chapter

Sec. 1. This chapter applies to the exercise of eminent domain by a library board (as defined in IC 36-12-1-3). Notwithstanding any other law, a library board may exercise eminent domain only if it complies with this chapter.
As added by P.L.163-2006, SEC.18.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 7. Procedure for Libraries › 32-24-7-2. Adoption of Resolution by Certain Legislative Bodies

Sec. 2. A library board may exercise eminent domain only if one (1) of the following legislative bodies adopts a resolution specifically authorizing the library board to exercise eminent domain over a particular parcel of land for a specific purpose:
(1) If the library district is located entirely within the corporate boundaries of a municipality, the legislative body of the municipality.
(2) If the library district:
(A) is not described by subdivision (1); and
(B) is located entirely within the boundaries of a township;
the legislative body of the township.
(3) If the library district is not described by subdivision (1) or (2), the legislative body of each county in which the library district is located.
As added by P.L.163-2006, SEC.18.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 7. Procedure for Libraries › 32-24-7-3. Contents of Resolution

Sec. 3. The resolution described in section 2 of this chapter must specifically describe:
(1) the parcel of land that the library board seeks to acquire by exercising eminent domain;
(2) the purpose for which the parcel of land is to be acquired; and
(3) why the exercise of eminent domain is necessary to accomplish the library board's purpose.
As added by P.L.163-2006, SEC.18.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 1. Application of Law › 32-25-1-1. Application of Law

Sec. 1. This article applies to property if:
(1) the sole owner of the property; or
(2) all of the owners of the property;
submit the property to this article by executing and recording a declaration under this article.
[Pre-2002 Recodification Citation: 32-1-6-3.]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 1. Application of Law › 32-25-1-2. Persons Subject to Law

Sec. 2. (a) The following are subject to this article and to declarations and bylaws of associations of co-owners adopted under this article:
(1) Condominium unit owners.
(2) Tenants of condominium unit owners.
(3) Employees of condominium unit owners.
(4) Employees of tenants of condominium owners.
(5) Any other persons that in any manner use property or any part of property submitted to this article.
(b) All agreements, decisions, and determinations lawfully made by an association of co-owners in accordance with the voting percentages established in:
(1) this article;
(2) the declaration; or
(3) the bylaws;
are binding on all condominium unit owners.
[Pre-2002 Recodification Citation: 32-1-6-31.]
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.83.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-2. "Association of Co-Owners"

Sec. 2. "Association of co-owners" means all the co-owners acting as an entity in accordance with the:
(1) articles;
(2) bylaws; and
(3) declaration.
[Pre-2002 Recodification Citation: 32-1-6-2(f).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-3. "Building"

Sec. 3. "Building" means a structure containing:
(1) at least two (2) condominium units; or
(2) at least two (2) structures containing at least one (1) condominium unit.
[Pre-2002 Recodification Citation: 32-1-6-2(g).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-4. "Common Areas and Facilities"

Sec. 4. "Common areas and facilities", unless otherwise provided in the declaration or lawful amendments to the declaration, means:
(1) the land on which the building is located;
(2) the building:
(A) foundations;
(B) columns;
(C) girders;
(D) beams;
(E) supports;
(F) main walls;
(G) roofs;
(H) halls;
(I) corridors;
(J) lobbies;
(K) stairs;
(L) stairways;
(M) fire escapes;
(N) entrances; and
(O) exits;
(3) the:
(A) basements;
(B) yards;
(C) gardens;
(D) parking areas;
(E) storage spaces;
(F) swimming pools; and
(G) other recreational facilities;
(4) the premises for the lodging of:
(A) janitors; or
(B) persons in charge of the property;
(5) installations of central services, such as:
(A) power;
(B) light;
(C) gas;
(D) hot and cold water;
(E) heating;
(F) refrigeration;
(G) air conditioning; and
(H) incinerating;
(6) the:
(A) elevators;
(B) tanks;
(C) pumps;
(D) motors;
(E) fans;
(F) compressors;
(G) ducts;
(H) apparatus; and
(I) installations;
existing for common use;
(7) community and commercial facilities provided for in the declaration; and
(8) all other parts of the property:
(A) necessary or convenient to its:
(i) existence;
(ii) maintenance; and
(iii) safety; or
(B) normally in common use.
[Pre-2002 Recodification Citation: 32-1-6-2(h).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-5. "Common Expenses"

Sec. 5. "Common expenses" means:
(1) all sums lawfully assessed against the co-owners by the association of co-owners;
(2) expenses of:
(A) administration;
(B) maintenance;
(C) repair; or
(D) replacement;
of the common areas and facilities;
(3) expenses agreed upon as common expenses by the association of co-owners; and
(4) expenses declared common expenses by:
(A) this article;
(B) the declaration; or
(C) the bylaws.
[Pre-2002 Recodification Citation: 32-1-6-2(i).]
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.84.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-6. "Common Profits"

Sec. 6. "Common profits" means the balance remaining, after the deduction of the common expenses, of all:
(1) income;
(2) rents;
(3) profits; and
(4) revenues;
from the common areas and facilities.
[Pre-2002 Recodification Citation: 32-1-6-2(j).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-7. "Condominium"

Sec. 7. "Condominium" means real estate:
(1) lawfully subjected to this article by the recordation of condominium instruments; and
(2) with respect to which the undivided interests in the common areas and facilities are vested in the condominium unit owners.
[Pre-2002 Recodification Citation: 32-1-6-2(a).]
As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.85.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-8. "Condominium Instruments"

Sec. 8. "Condominium instruments" means:
(1) the:
(A) declaration;
(B) bylaws;
(C) plats; and
(D) floor plans;
of the condominium; and
(2) any exhibits or schedules to the items listed in subdivision (1).
[Pre-2002 Recodification Citation: 32-1-6-2(b).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-9. "Condominium Unit"

Sec. 9. "Condominium unit" means:
(1) an enclosed space:
(A) that consists of one (1) or more rooms occupying all or part of a floor or floors in a structure of one (1) or more floors or stories, regardless of whether the enclosed space is designed:
(i) as a residence;
(ii) as an office;
(iii) for the operation of any industry or business; or
(iv) for any other type of independent use; and
(B) that has:
(i) a direct exit to a public street or highway; or
(ii) an exit to a thoroughfare or to a given common space leading to a thoroughfare; and
(2) the undivided interest in the common elements appertaining to an enclosed space referred to in subdivision (1).
[Pre-2002 Recodification Citation: 32-1-6-2(c).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-10. "Contractable Condominium"

Sec. 10. "Contractable condominium" means a condominium from which one (1) or more portions of the condominium real estate may be withdrawn.
[Pre-2002 Recodification Citation: 32-1-6-2(d).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-11. "Co-Owner"

Sec. 11. "Co-owner" means a person who owns:
(1) a condominium unit in fee simple; and
(2) an undivided interest in the common areas and facilities;
in the percentage established in the declaration.
[Pre-2002 Recodification Citation: 32-1-6-2(e).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-12. "Declarant"

Sec. 12. "Declarant" means any person who:
(1) executes or proposes to execute a declaration; or
(2) executes an amendment to a declaration to expand an expandable condominium.
[Pre-2002 Recodification Citation: 32-1-6-2(k).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-13. "Declaration"

Sec. 13. "Declaration" means the instrument by which the property is submitted to this article. The term refers to a declaration as it may be lawfully amended from time to time.
[Pre-2002 Recodification Citation: 32-1-6-2(l).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-14. "Expandable Condominium"

Sec. 14. "Expandable condominium" means a condominium to which real estate may be added.
[Pre-2002 Recodification Citation: 32-1-6-2(m).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-15. "Limited Common Areas and Facilities"

Sec. 15. "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved for use of:
(1) a certain condominium unit; or
(2) certain condominium units;
to the exclusion of the other condominium units.
[Pre-2002 Recodification Citation: 32-1-6-2(n).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-16. "Majority" or "Majority of Co-Owners"

Sec. 16. "Majority" or "majority of co-owners" means the co-owners with at least fifty-one percent (51%) of the votes, in accordance with the percentages assigned in the declaration to the condominium units for voting purposes.
[Pre-2002 Recodification Citation: 32-1-6-2(o).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-17. "Person"

Sec. 17. "Person" means:
(1) an individual;
(2) a firm;
(3) a corporation;
(4) a partnership;
(5) an association;
(6) a trust;
(7) any other legal entity; or
(8) any combination of the entities listed in subdivisions (1) through (7).
[Pre-2002 Recodification Citation: 32-1-6-2(p).]
As added by P.L.2-2002, SEC.10.
2023 Indiana Code › Title 32. Property › Article 25. Condominiums › Chapter 2. Definitions › 32-25-2-18. "Property"

Sec. 18. "Property" means:
(1) the land;
(2) the building;
(3) all improvements and structures on the land or the building; and
(4) all:
(A) easements;
(B) rights; and
(C) appurtenances;
pertaining to the land or the building.
[Pre-2002 Recodification Citation: 32-1-6-2(q).]
As added by P.L.2-2002, SEC.10.