§ 32-24-1-3 — Entry on land; purchase before instituting proceedings; surveys by public utilities or pipeline companies

(a) Any person that may exercise the power of
eminent domain for any public use under any statute may exercise the
power only in the manner provided in this article, except as otherwise
provided by law.
(b) Except as provided in subsection (g), before proceeding to
condemn, the person:
(1) may enter upon any land to examine and survey the property
sought to be acquired; and
(2) must make an effort to purchase for the use intended the land,
right-of-way, easement, or other interest, in the property.
(c) The effort to purchase under subsection (b)(2) must include the
following:
(1) Establishing a proposed purchase price for the property.
(2) Providing the owner of the property with an appraisal or other
evidence used to establish the proposed purchase price.
(3) Conducting good faith negotiations with the owner of the
property.
(d) If the land or interest in the land, or property or right is owned
by a person who is an incapacitated person (as defined in IC 29-3-1-7.5) or less than eighteen (18) years of age, the person seeking
to acquire the property may purchase the property from the guardian of
the incapacitated person or person less than eighteen (18) years of age.
If the purchase is approved by the court appointing the guardian and
the approval is written upon the face of the deed, the conveyance of the
property purchased and the deed made and approved by the court are
valid and binding upon the incapacitated person or persons less than
eighteen (18) years of age.
(e) The deed given, when executed instead of condemnation,
conveys only the interest stated in the deed.
(f) If property is taken by proceedings under this article, the entire
fee simple title may be taken and acquired.
(g) This subsection applies to a public utility (as defined in IC 32-24-1-5.9(a)) or a pipeline company (as defined in IC 8-1-22.6-7). If
a public utility or a pipeline company seeks to acquire land or an
interest in land under this article, the public utility or pipeline company
may not enter upon the land to examine or survey the property sought
to be acquired unless either of the following occur:
(1) The public utility or the pipeline company sends notice by
certified mail to the affected landowner (as defined in IC 8-1-22.6-2) of the public utility's or the pipeline company's
intention to enter upon the landowner's property for survey
purposes. The notice required by this subdivision must be mailed
not later than fourteen (14) days before the date of the public
utility's or the pipeline company's proposed examination or
survey.
(2) The public utility or the pipeline company receives the
landowner's signed consent to enter the property to perform the
proposed examination or survey.
An affected landowner may bring an action to enforce this subsection
in the circuit court, superior court, or probate court of the county in
which the landowner's property is located. A prevailing landowner is
entitled to the landowner's actual damages as a result of the public
utility's or the pipeline company's violation. In addition, the court may
award a prevailing landowner reasonable costs of the action and
attorney's fees.
[Pre-2002 Recodification Citation: 32-11-1-1.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.5; P.L.110-2007, SEC.2; P.L.84-2016, SEC.143.