reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-1. "Adjacent Mineral Producer"

Sec. 1. As used in this chapter, "adjacent mineral producer" means a person that:
(1) is engaged in the production, development, or future development of at least one (1) mineral, including coal, oil, gas, or another mineral in solid, liquid, or gaseous form; and
(2) owns or leases a property interest in:
(A) the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner;
(B) a portion of the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner; or
(C) an area that the person seeks to develop that is within the boundaries of a proposed production unit established by spacing regulations of the division of reclamation.
As added by P.L.28-2015, SEC.1. Amended by P.L.127-2022, SEC.32.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-2. "Mineral Interest of an Unknown or Missing Owner"

Sec. 2. As used in this chapter, "mineral interest of an unknown or missing owner" means:
(1) the mineral estate in land; or
(2) any portion of the mineral estate in land;
that is owned by an unknown or missing owner.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-3. "Unknown or Missing Owner"

Sec. 3. (a) As used in this chapter, "unknown or missing owner" means a person:
(1) vested of record or by operation of IC 32-23-10 with a property interest in:
(A) a mineral estate in land; or
(B) a portion of a mineral estate in land; and
(2) whose identity or location cannot be determined:
(A) from the records in the chain of title in the county in which the land is located;
(B) by diligent inquiry in the vicinity of the record owner's last known place of residence or location; and
(C) from a search of tax records in the county in which the property is located.
(b) The term includes the person's heirs and devisees and successors and assigns.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-4. Mineral Interest of an Unknown or Missing Owner; Lease to Produce or Develop

Sec. 4. An adjacent mineral producer that:
(1) brings an action under; and
(2) meets the requirements of;
this chapter may produce and develop all or part of a mineral interest of an unknown or missing owner under a lease entered into under this chapter.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-5. Venue

Sec. 5. An action brought under this chapter by an adjacent mineral producer must be brought in the circuit court or superior court of the county:
(1) in which the land that contains the mineral interest of an unknown or missing owner sought to be affected is entirely located; or
(2) if the land is located in more than one (1) county:
(A) the county where the largest part of the land is located; or
(B) if equal parts of the land are in multiple counties, in any county that contains an equal part of the land.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-6. Action; Requirements; Guardian Ad Litem

Sec. 6. (a) An adjacent mineral producer that brings an action under this chapter must do the following:
(1) Name the following as respondents:
(A) The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the last owners of record.
(B) If record title to the mineral interest of an unknown or missing owner has been severed of record from ownership of the overlying surface land, the record owner of the overlying surface land. Any person named in this subdivision must be sent notice of the action by certified mail.
(2) File a verified petition with the court that sets forth the following:
(A) A statement that specifies the mineral that the petitioner seeks to develop in the subject land.
(B) The petitioner's request that a trustee be appointed to execute a lease granting the petitioner the right to produce and develop from the subject mineral interest of the unknown or missing owner a mineral of the type produced by the adjacent mineral producer.
(C) The legal description of the mineral interest of the unknown or missing owner.
(D) The interest of the petitioner in the land adjacent to, adjoining the subject land, or within the production unit established by the division of reclamation.
(E) The apparent interest of each respondent in the applicable mineral sought to be produced and developed within the subject land.
(F) A verified statement that informs the court of the actions the petitioner has taken to identify and locate the unknown or missing owner or the owner's heirs, devisees, successors, and assigns.
(b) The Indiana Rules of Trial Procedure govern an action under this chapter to make an unknown or missing person a respondent. Legal service on a respondent who is unknown or missing may be made by publication.
(c) The court shall appoint a guardian ad litem for any respondent to the proceeding who is:
(1) a ward of the state or a ward to another person; or
(2) less than eighteen (18) years of age and is not represented by a parent.
(d) If it appears to the court that a person who is not in being, but, upon coming into being, is or may be entitled to any interest in the land sought to be leased, the court shall appoint a guardian ad litem to appear for and represent the interest in the proceeding and to defend the proceeding on behalf of the person not in being. A judgment or order entered by the court in a proceeding under this chapter is effective against the person not in being.
As added by P.L.28-2015, SEC.1. Amended by P.L.127-2022, SEC.33.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-7. Court Determinations; Trustee Appointment

Sec. 7. (a) The court shall receive evidence and hear testimony concerning:
(1) the matters in the adjacent mineral producer's petition; and
(2) the prevailing terms of similar mineral leases of the type sought by the petitioner obtained in the vicinity of the land in the petition, including the length of the lease term, bonus money, delay rentals, royalty rates, and other forms of lease payments.
(b) If the court determines that the material allegations of the petition are true and that there has been compliance with the required notice provisions, the court:
(1) shall enter an order determining the interest of each respondent in the mineral interest sought to be leased; and
(2) may:
(A) declare a trust in the mineral interest of the unknown or missing owner;
(B) appoint, without a bond, a trustee for the unknown or missing owner; and
(C) authorize the trustee to execute a valid mineral lease:
(i) with the adjacent mineral producer concerning the type of mineral developed by the adjacent mineral producer on the mineral interest of the unknown or missing owner; and
(ii) on terms and conditions approved by the court.
(c) The court's judgment appointing a trustee and authorizing the execution of a lease must specify the minimum terms that may be accepted by the trustee. The terms must be substantially consistent with the terms of other similar mineral leases obtained in the vicinity as determined by the court.
(d) The court shall determine a reasonable fee to be paid to the trustee. The trustee's fee, including reasonable attorney's fees and costs of the proceeding, shall be paid by the adjacent mineral producer petitioner. Any other court costs related to the proceedings under this chapter shall be paid by the petitioner. However, each party shall pay its costs associated with issues arising under section 8 of this chapter.
(e) If a trustee:
(1) dies or resigns; or
(2) refuses or is unable to act;
the court, upon the court's motion or the motion of the petitioner, shall appoint a successor trustee.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-8. Additional Court Proceedings

Sec. 8. (a) In proceedings under this chapter, the court may do the following:
(1) Investigate and determine questions of conflicting or controverted titles.
(2) Remove invalid and inapplicable encumbrances from the title to the subject land.
(3) Establish and confirm the title to the subject mineral estate in land or the right to produce and develop the mineral from any of the subject land.
(b) The court may authorize the execution of a lease under this chapter before any matters under subsection (a) have been determined.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-9. Trustee Duties; Lease

Sec. 9. (a) The trustee shall do the following:
(1) Enter into negotiations with the adjacent mineral producer petitioner.
(2) Execute a mineral lease in favor of the petitioner covering the interest of the respondents that reflects the findings and judgment of the court.
(3) Promptly prepare and file a report of the mineral lease with the court that states the terms of the lease and the payments received for the lease.
(4) Give notice of the report of the mineral lease to all parties appearing of record.
(b) The court shall review the mineral lease under subsection (a) to determine if the lease is in accordance with the court's findings and judgment. If the court approves the mineral lease, the court shall:
(1) issue an order confirming the lease; and
(2) issue an order terminating the trust.
(c) A lease created under this section continues after the termination of the trust unless the lease expires by its own terms.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-11. Subsequent Court Proceedings

Sec. 11. (a) After the entry of the initial judgment authorizing a lease under this chapter, all subsequent proceedings that concern the land and the mineral interest involved in the initial litigation, including:
(1) subsequent leasing proceedings;
(2) proceedings by the trustee requesting authority to execute and deliver additional documents pertaining to a lease; and
(3) proceedings by a claimant of lease payments paid to the clerk;
must be commenced in the same court as the proceedings for the initial lease.
(b) The acting trustee at the time of any subsequent proceedings under subsection (a) shall act as the trustee in the subsequent proceedings. The court retains continuing jurisdiction over any subsequent proceedings.
(c) After the entry of the initial judgment authorizing a lease under this chapter, any record owner of the overlying surface land must be notified by certified mail not less than thirty (30) days in advance of all subsequent proceedings that concern the land and the mineral interest involved in the initial litigation, including:
(1) subsequent leasing proceedings;
(2) proceedings by the trustee requesting authority to execute and deliver additional documents pertaining to a lease; and
(3) proceedings by a claimant of lease payments paid to the clerk.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-12. Application of Lease

Sec. 12. (a) The lease of a mineral interest and execution of any lease under this chapter is binding concerning the interest in the mineral and the right to produce and develop the mineral owned by any respondent to the action in the same manner as if the respondent personally had signed and delivered the lease.
(b) The mineral lease is binding on the heirs, legatees, personal representatives, successors, and assigns of the respondents.
(c) A person who may have a contingent or future interest in the mineral interest of an unknown or missing owner is bound by the judgment entered in the proceedings under this chapter.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-13. Marketable Title

Sec. 13. This chapter shall be construed so that any lease issued under this chapter conveys marketable title.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 13. Mineral Estates of Unknown or Missing Owners › 32-23-13-14. Additional Remedies

Sec. 14. The remedies provided in this chapter are not exclusive and do not prohibit the initiation of a petition for the integration of oil and gas interest as provided in IC 14-37-9, including the integration of interests of missing or unknown owners.
As added by P.L.28-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 1. General Procedures › 32-24-1-1. "Condemnor" Defined

Sec. 1. As used in section 5 of this chapter, "condemnor" means any person authorized by Indiana law to exercise the power of eminent domain.
[Pre-2002 Recodification Citation: 32-11-1-2.1 part.]
As added by P.L.2-2002, SEC.9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 1. General Procedures › 32-24-1-15. Forfeitures; Failure to Pay Damages or Take Possession

Sec. 15. (a) If the person seeking to take property under this article fails:
(1) to pay the assessed damages and, if applicable, the attorney's fees payable under section 14 of this chapter not later than one (1) year after the appraisers' report is filed, if exceptions are not filed to the report;
(2) to pay:
(A) the damages assessed and, if applicable, attorney's fees payable under section 14 of this chapter if exceptions are filed to the appraisers' report and the exceptions are not sustained; or
(B) the damages assessed and, if applicable, attorney's fees payable under section 14 of this chapter and costs if exceptions are filed to the appraisers' report and the exceptions are sustained;
not later than one (1) year after the entry of the judgment, if an appeal is not taken from the judgment;
(3) to pay the damages assessed and, if applicable, attorney's fees payable under section 14 of this chapter or the judgment rendered in the trial court not later than one (1) year after final judgment is entered in the appeal if an appeal is taken from the judgment of the trial court; or
(4) to take possession of the property and adapt the property for the purpose for which it was acquired not later than six (6) years after the payment of the award or judgment for damages, except where a fee simple interest in the property is authorized to be acquired and is acquired;
the person seeking to acquire the property forfeits all rights in the property as fully and completely as if the procedure to take the property had not begun.
(b) An action to declare a forfeiture under this section may be brought by any person having an interest in the property sought to be acquired, or the question of the forfeiture may be raised and determined by direct allegation in any subsequent proceedings, by any other person to acquire the property for a public use. In the subsequent proceedings the person seeking the previous acquisition or the person's proper representatives, successors, or assigns shall be made parties.
[Pre-2002 Recodification Citation: 32-11-1-11.]
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.13.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 1. General Procedures › 32-24-1-16. Prior Appropriation of Land

Sec. 16. A person having an interest in property that has been or may be acquired for a public use without the procedures of this article or any prior law followed is entitled to have the person's damages assessed under this article substantially in the manner provided in this article.
[Pre-2002 Recodification Citation: 32-11-1-12.]
As added by P.L.2-2002, SEC.9.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 1. General Procedures › 32-24-1-17. Conflicting Laws; Repeal

Sec. 17. All laws and parts of laws in conflict with the provisions of this chapter are hereby repealed: provided, that this repeal shall not affect proceedings pending on April 15, 1905, but such proceedings may be completed as if this chapter had never been passed.
[Pre-2002 Recodification Citation: 32-11-1-13.]
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 › 32-24-2-1. "Fiscal Officer" Defined

Sec. 1. As used in this chapter, "fiscal officer" means:
(1) the city controller of a consolidated city or second class city;
(2) the city clerk-treasurer of a third class city; or
(3) the town clerk-treasurer of a town.
[Pre-2002 Recodification Citation: 32-11-1.5-1(a).]
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 › 32-24-2-2. "Municipality" Defined

Sec. 2. As used in this chapter, "municipality" means a city or town.
[Pre-2002 Recodification Citation: 32-11-1.5-1(b).]
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 › 32-24-2-4. "Works Board" Defined

Sec. 4. As used in this chapter, "works board" means:
(1) the board of public works or the board of public works and safety of a city; or
(2) the legislative body of a town.
[Pre-2002 Recodification Citation: 32-11-1.5-1(c).]
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 › 32-24-2-5. Alternate Procedure

Sec. 5. If:
(1) a municipality has the power to acquire property under this chapter; or
(2) another statute provides for proceedings by a municipality for acquiring property under this chapter;
the board exercising those powers may proceed under IC 32-24-1 instead of this chapter.
[Pre-2002 Recodification Citation: 32-11-1.5-2.]
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 › 32-24-2-6. Application of Chapter; Condemnation Resolutions; Notice; Remonstrances

Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire property for the use of the municipality or to open, change, lay out, or vacate a street, an alley, or a public place in the municipality, including a proposed street or alley crossings of railways or other rights-of-way. However, this chapter does not apply if a municipality wants to acquire the property of a public utility (as defined in IC 8-1-2-1).
(b) The works board must adopt a resolution that the municipality wants to acquire the property. The resolution must describe the property that may be injuriously or beneficially affected. The board shall have notice of the resolution:
(1) published for two (2) consecutive weeks:
(A) with each publication of notice in a newspaper of general circulation published in the municipality; or
(B) with the first publication of notice in a newspaper described in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the municipality; and
(2) mailed to the owner of each piece of property affected by the proposed acquisition.
The notice must name a date, at least thirty (30) days after the last publication, at which time the board will receive or hear remonstrances from persons interested in or affected by the proceeding.
(c) The works board shall consider the remonstrances, if any, and then take final action, confirming, modifying, or rescinding its original resolution.
[Pre-2002 Recodification Citation: 32-11-1.5-3.]
As added by P.L.2-2002, SEC.9. Amended by P.L.172-2009, SEC.6; P.L.80-2020, SEC.4; P.L.152-2021, SEC.33.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-7. List of Affected Property Owners

Sec. 7. (a) When the final action under section 6 of this chapter is taken, the works board shall have prepared the following:
(1) A list of all the owners or holders of the property, and of interests in it, sought to be acquired or to be injuriously affected.
(2) If a street, alley, or public place is to be opened, laid out, changed, or vacated in the municipality, or within four (4) miles of it, a list of the owners or holders of property, and of interests in it, to be beneficially affected by the work.
(b) The list required by subsection (a) may not be confined to the owners of property along the line of the proposed work but must include all property taken, benefitted, or injuriously affected. In addition to the names, the list must show, with reasonable certainty, a description of each piece of property belonging to those persons that will be acquired or affected, either beneficially or injuriously. A greater certainty in names or descriptions is not necessary for the validity of the list than is required in the assessment of taxes.
[Pre-2002 Recodification Citation: 32-11-1.5-4.]
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 › 32-24-2-8. Damage Awards and Benefit Assessments; Notice; Remonstrances

Sec. 8. (a) Upon the completion of the list, the works board shall award the damages sustained and assess the benefits accruing to each piece of property on the list.
(b) When the assessments or awards are completed, the works board shall have a written notice served upon the owner of each piece of property, showing the amount of the assessment or award, by:
(1) if the owner is a resident of the municipality, leaving a copy of the notice at the owner's last usual place of residence in the municipality or by delivering a copy to the owner personally and mailing a copy of the notice to the owner's address of record; or
(2) if the owner is not a resident of the municipality, by sending the notice to the owner's address of record by certified mail.
(c) If the owner's residence is unknown, the municipality shall notify the owner by publication once each week for three (3) successive weeks:
(1) with each publication of notice in a daily newspaper of general circulation in the municipality; or
(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the municipality.
(d) The notices must also name a day, at least thirty (30) days after service of notice or after the last publication, on which the works board will receive or hear remonstrances from owners with regard to:
(1) the amount of their respective awards or assessments; and
(2) objections to the municipality's right to exercise the power of eminent domain for the use sought.
(e) Persons not included in the list of the assessments or awards and claiming to be entitled to them are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the works board.
(f) The notice required by this section must provide the full text of subsection (d) to provide notice to the property owners of their right to object to the condemnation and be in substantially the same form as the notice required under IC 32-24-1-6(a).
[Pre-2002 Recodification Citation: 32-11-1.5-5.]
As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.5; P.L.152-2021, SEC.34.
2023 Indiana Code › Title 32. Property › Article 24. Eminent Domain › Chapter 2. Procedures for Cities and Towns › 32-24-2-9. Guardianship Proceedings; Notice

Sec. 9. (a) If a person having an interest in property affected by the proceedings is mentally incompetent or less than eighteen (18) years of age, the works board shall certify that fact to the municipality's attorney.
(b) The municipality's attorney shall apply to the proper court and secure the appointment of a guardian for the person less than eighteen (18) years of age or the mentally incompetent person. The works board shall give notice to the guardian, who shall appear and defend the interest of the protected person. However, if the protected person already has a guardian, the notice shall be served on that guardian. The requirements of notice to the guardian are the same as for other notices.
(c) If there is a defect in the proceedings with respect to at least one (1) interested person, the defect does not affect the proceedings except as it may concern the interest or property of those persons, and the defect does not affect any other person concerned.
(d) In case of a defect, supplementary proceedings of the same general character as those prescribed by this chapter may be initiated in order to correct the defect.
[Pre-2002 Recodification Citation: 32-11-1.5-6.]
As added by P.L.2-2002, SEC.9.