§ 32-24-1-5.5 — Time limit for filing a complaint

Indiana § 32-24-1-5.5

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

Text

5. (a) Except as provided in sections 5.8 and
5.9 of this chapter, this section applies to every person that may
exercise the power of eminent domain.
(b) If:
(1) a person that may exercise the power of eminent domain
submits a written acquisition offer to the owner of a parcel of real
estate under section 5 of this chapter; and
(2) the owner rejects the offer;
the person shall file a complaint under this article to acquire the parcel
by the exercise of eminent domain not more than two (2) years after the
date the person submitted the written acquisition offer to the owner.
(c) If a person that may exercise the power of eminent domain fails
to meet the requirements described in subsection (b) concerning a
parcel of real estate, the person may not initiate an action under this
article to acquire the parcel through the power of eminent domain for
the same project or a substantially similar project for at least three (3)
years after the date the two (2) year period described in subsection (b)
expires.

Legislative History

As added by P.L.163-2006, SEC.7.