§ 32-24-1-6 — Notice to appear in court; notice of right to object; form of notice

Indiana § 32-24-1-6

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

Text

(a) Upon the filing of a complaint under this
chapter, the circuit court clerk shall issue a notice requiring the
defendants to appear before the court on the day to be fixed by the
plaintiff by indorsement on the complaint at the time of filing the
complaint, and to show cause, if any, why the property sought to be
condemned should not be acquired. The notice must also provide
notice to defendants of their right to object under section 8 of this
chapter not later than thirty (30) days from the date the notice is served.
The notice must include, either as an attachment or as part of the
language of the notice, the full text of section 8 of this chapter. The
notice shall be substantially in the following form:
In the ____________ Court of Indiana.
To the Sheriff of _______________ County, Indiana:
You are hereby commanded to notify _______________,
defendants, to appear before the __________ Court of _____________
County, Indiana on the ____ day of _________, 20_______, at
_______ o'clock, __ M. to object to the condemnation of property
sought to be acquired in the complaint of _______. If defendants object
to the acquisition of the property, defendants must file objections with
the court under IC 32-24-1-8 not later than thirty (30) days after the
date this notice is served. The court may extend the period for filing
objections by an additional thirty (30) days upon written motion of the
defendants.
Witness my hand and the seal of the court affixed at
_____________, Indiana, this ___ day of __________, 20_______.
Clerk of _________________ Court.
(b) The notice shall be served in the same manner as a summons is
served in civil actions. Upon a showing by affidavit that any defendant
is a nonresident of Indiana or that the defendant's name or residence is
unknown, publication and proof of the notice may be made as provided
in section 7 of this chapter.
[Pre-2002 Recodification Citation: 32-11-1-3.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.2.