§ 32-24-1-7 — Notice to appear in court; publication; nonresident landowners; assessment of damages

Indiana § 32-24-1-7

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

Text

(a) The notice, upon its return, must show its:
(1) service for ten (10) days; or
(2) proof of publication for three (3) successive weeks:
(A) with each publication of the notice in a weekly newspaper
of general circulation printed and published in the English
language in the county in which the property sought to be
acquired is located; or
(B) with the first publication of notice in a newspaper described
in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the county.
The last publication of the notice must be five (5) days before the day
set for the hearing.
(b) The clerk of the court in which the proceedings are pending,
upon the first publication of the notice, shall send to the post office
address of each nonresident owner whose property will be affected by
the proceedings a copy of the notice, if the post office address of the
owner or owners can be ascertained by inquiry at the office of the
treasurer of the county.
(c) The court, being satisfied of the regularity of the proceedings
and the right of the plaintiff to exercise the power of eminent domain
for the use sought, shall appoint:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to assess the damages, or the benefits and
damages, as the case may be, that the owner or owners severally may
sustain, or be entitled to, by reason of the acquisition. One (1) of the
appraisers appointed under subdivision (2) must reside not more than
fifty (50) miles from the property.
[Pre-2002 Recodification Citation: 32-11-1-4.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.19; P.L.152-2021, SEC.32.