§ 32-24-2-6 — Application of chapter; condemnation resolutions; notice; remonstrances

Indiana § 32-24-2-6

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

Text

(a) This chapter applies if the works board of
a municipality wants to acquire property for the use of the municipality
or to open, change, lay out, or vacate a street, an alley, or a public place
in the municipality, including a proposed street or alley crossings of
railways or other rights-of-way. However, this chapter does not apply
if a municipality wants to acquire the property of a public utility (as
defined in IC 8-1-2-1).
(b) The works board must adopt a resolution that the municipality
wants to acquire the property. The resolution must describe the
property that may be injuriously or beneficially affected. The board
shall have notice of the resolution:
(1) published for two (2) consecutive weeks:
(A) with each publication of notice in a newspaper of general
circulation published in the municipality; or
(B) with the first publication of notice in a newspaper described
in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the municipality; and
(2) mailed to the owner of each piece of property affected by the
proposed acquisition.
The notice must name a date, at least thirty (30) days after the last
publication, at which time the board will receive or hear remonstrances
from persons interested in or affected by the proceeding.
(c) The works board shall consider the remonstrances, if any, and
then take final action, confirming, modifying, or rescinding its original
resolution.
[Pre-2002 Recodification Citation: 32-11-1.5-3.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.172-2009, SEC.6; P.L.80-2020, SEC.4; P.L.152-2021, SEC.33.