§ 32-24-1-15 — Forfeitures; failure to pay damages or take possession

Indiana § 32-24-1-15

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 24: EMINENT DOMAIN
• Ch. 1: General Procedures

Text

(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.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.13.