§ 32-24-1-5.8 — Time limit for filing a complaint; Indiana department of transportation projects

Indiana § 32-24-1-5.8

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

Text

8. (a) This section applies only to:
(1) the Indiana department of transportation when the department
seeks to acquire a parcel of land or a property right for the
construction, reconstruction, improvement, maintenance, or repair
of a:
(A) state highway; or
(B) toll road project or toll bridge; and
(2) any other person that may exercise the power of eminent
domain when the person seeks to acquire a parcel of land or a
property right for the construction, reconstruction, improvement,
maintenance, or repair of a feeder road for an Indiana department
of transportation project described in subdivision (1) if the
construction, reconstruction, improvement, maintenance, or repair
of the feeder road begins not later than five (5) years from the
conclusion of the project.
(b) If:
(1) the Indiana department of transportation or other person
described in subsection (a)(2) 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 department or other person shall file a complaint under this article
to acquire the parcel by the exercise of eminent domain not more than
three (3) years after the date the department or other person submitted
the written acquisition offer to the owner.
(c) If the Indiana department of transportation or other person fails
to meet the requirements described in subsection (b) concerning a
parcel of real estate, the department or other person may not initiate an
action under this article to acquire the parcel through the power of
eminent domain for the same or a substantially similar project for at
least three (3) years after the date the three (3) year period described in
subsection (b) expires.
(d) A court shall expedite the hearing of an action initiated under
subsection (b). A party to the action is entitled to an expedited appeal
of the court's final determination, under rules to be adopted by the
supreme court.

Legislative History

As added by P.L.163-2006, SEC.8. Amended by P.L.11-2014, SEC.1.