§ 14-26-1-6 — Statement regarding condemnation of property; valuation

Indiana § 14-26-1-6

• Jurisdiction: Indiana
• Art. 26: LAKES AND RESERVOIRS
• Ch. 1: Reservoirs; Land Acquisition and Creation

Text

(a) If an agreement cannot be reached by the
owner of the land considered needed for the reservoir site and the taker
that is authorized to condemn the site by section 5 of this chapter, the
taker must set forth the following:
(1) The interest to be taken in the land.
(2) The earliest date on which the taker intends to store water or
to start construction to create a reservoir impoundment for the
purposes set forth in section 1 of this chapter.
(b) The appraisers appointed by the court in the condemnation
proceedings shall value the interest to be taken accordingly, giving due
consideration to the fact that the owner of the land has use of the land,
subject to the terms of the interest sought to be taken, until the date
upon which the land may be inundated according to the terms of the
complaint. In arriving at the proper valuation to be paid the owner of
the land for the easement or the interest in fee to be taken or purchased,
the landowner is considered to own the land for a term of years ending
with the date set out in the complaint. The interest taken shall be
valued as a remainder interest after that term of years.
[Pre-1995 Recodification Citation: 13-2-9-4.]

Legislative History

As added by P.L.1-1995, SEC.19.