Indiana § 32-24-2-15 Certificates of damages; disputes as to whom damages should be paid;
injunction

Indiana Statutes

§ 32-24-2-15 — Certificates of damages; disputes as to whom damages should be paid; injunction

Indiana·Title 32 PROPERTY·Art. 24 EMINENT DOMAIN·Ch. 2 Procedures for Cities and Towns

(a)Upon completion of the award of damages or whenever any time for delay as provided has expired, the works board shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the fiscal officer of the municipality entitles the person to a warrant on the fiscal officer or the county treasurer. The certificates or vouchers shall, whenever practicable, be actually tendered to the persons entitled to them, but when this is impracticable, they shall be kept for the persons in the office of the works board. The making and fixing of the certificate is a valid and effectual tender to the person entitled to it, and the certificate must be delivered to that person on request.

(b)If a dispute or doubt arises as to which person the money

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(a) Upon completion of the award of
damages or whenever any time for delay as provided has expired, the
works board shall make out certificates for the proper amounts and in
favor of the proper persons. Presentation of the certificates to the fiscal
officer of the municipality entitles the person to a warrant on the fiscal
officer or the county treasurer. The certificates or vouchers shall,
whenever practicable, be actually tendered to the persons entitled to
them, but when this is impracticable, they shall be kept for the persons
in the office of the works board. The making and fixing of the
certificate is a valid and effectual tender to the person entitled to it, and
the certificate must be delivered to that person on request.
(b) If a dispute or doubt arises as to which person the money shall
be paid, the works board shall make out the certificate in favor of the
municipality's attorney for the use of the persons entitled to it. The
attorney shall draw the money and pay it into court in a proper
proceeding, requiring the various claimants to interplead and have their
respective rights determined.
(c) If an injunction is obtained because damages have not been paid
or tendered, the works board may tender the certificate for the amount
with interest from the time of entry upon the property, if any has been
made, including all accrued costs. The injunction shall then be
dissolved. The pendency of an appeal does not affect the validity of a
tender made under this section, but the municipality may proceed with
its acquisition of the property in question. However, when a lot or
parcel has sustained both benefits and damages because of
improvements as stated in the assessment list, only an excess of
damages awarded over benefits assessed is payable under this section.
[Pre-2002 Recodification Citation: 32-11-1.5-12.]

Indiana § 32-24-2-15 (Certificates of damages; disputes as to whom damages should be paid; injunction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.