Indiana § 10-18-4-13 Eminent domain

Indiana Statutes

§ 10-18-4-13 — Eminent domain

Indiana § 10-18-4-13

Title 10PUBLIC SAFETY

Art. 18WAR MEMORIALS

Ch. 4City War Memorials

This text of Indiana § 10-18-4-13 (Eminent domain) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 10-18-4-13 (2026).

Text

(a)The board of public works of a city, acting for the city or acting jointly with the board of commissioners of the county in which the city is located, may proceed under IC 32-24 and has all powers of eminent domain granted in this chapter or any other statute to acquire interests in real property by purchase or condemnation for any of the purposes authorized by this chapter.

(b)Before the board of public works may purchase an interest in real property, either by the city or jointly by the city and the county in which it is located:

(1)the board of public works;

(2)the board of trustees, as provided in section 12 of this chapter; or

(3)the board of public works acting jointly with the board of commissioners of the county in which the city is located; must have the real property appr

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(a) The board of public works of a city,
acting for the city or acting jointly with the board of commissioners of
the county in which the city is located, may proceed under IC 32-24
and has all powers of eminent domain granted in this chapter or any
other statute to acquire interests in real property by purchase or
condemnation for any of the purposes authorized by this chapter.
(b) Before the board of public works may purchase an interest in
real property, either by the city or jointly by the city and the county in
which it is located:
(1) the board of public works;
(2) the board of trustees, as provided in section 12 of this chapter;
or
(3) the board of public works acting jointly with the board of
commissioners of the county in which the city is located;
must have the real property appraised at its true cash value by at least
one (1) disinterested freeholder of the city and two (2) disinterested
appraisers licensed under IC 25-34.1 who are residents of Indiana and
may not pay more than the appraised value for any interest in real
property. One (1) of the licensed appraisers must reside not more than
fifty (50) miles from the property. If an owner refuses to sell the
owner's interest in real property at the appraised value, the interest in
real property must be acquired by condemnation. The legal department
of the city shall conduct all necessary proceedings for the purchase or
condemnation of an interest in real property by the city and county
jointly, for any purpose under this chapter, without additional
compensation.
(c) If a city institutes proceedings to condemn an interest in real
property under this chapter, the suit must be brought in the name of the
city by the legal department of the city, without additional
compensation, at the direction of the board of public works. If there is
a joint condemnation of an interest in real property by a city and the
county in which it is located, the suit must be brought in the name of
the city as provided in this section and in the name of the county, by an
attorney representing the county, at the direction of the board of county
commissioners of the county. The city or the city and county jointly
may:
(1) join in one (1) action as defendants the owners and all persons
interested in one (1) or more interests in real property to be
condemned; or
(2) institute proceedings to condemn separate interests in real
property.
[Pre-2003 Recodification Citation: 10-7-6-12.]