§ 32-24-1-4 — Complaint

Indiana § 32-24-1-4

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

Text

(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.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.81-2004, SEC.26.