§ 32-24-2-8 — Damage awards and benefit assessments; notice; remonstrances

Indiana § 32-24-2-8

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

Text

(a) Upon the completion of the list, the works
board shall award the damages sustained and assess the benefits
accruing to each piece of property on the list.
(b) When the assessments or awards are completed, the works board
shall have a written notice served upon the owner of each piece of
property, showing the amount of the assessment or award, by:
(1) if the owner is a resident of the municipality, leaving a copy
of the notice at the owner's last usual place of residence in the
municipality or by delivering a copy to the owner personally and
mailing a copy of the notice to the owner's address of record; or
(2) if the owner is not a resident of the municipality, by sending
the notice to the owner's address of record by certified mail.
(c) If the owner's residence is unknown, the municipality shall notify
the owner by publication once each week for three (3) successive
weeks:
(1) with each publication of notice in a daily newspaper of general
circulation in the municipality; or
(2) with the first publication of notice in a newspaper described
in subdivision (1) and the two (2) subsequent publications of
notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the municipality.
(d) The notices must also name a day, at least thirty (30) days after
service of notice or after the last publication, on which the works board
will receive or hear remonstrances from owners with regard to:
(1) the amount of their respective awards or assessments; and
(2) objections to the municipality's right to exercise the power of
eminent domain for the use sought.
(e) Persons not included in the list of the assessments or awards and
claiming to be entitled to them are considered to have been notified of
the pendency of the proceedings by the original notice of the resolution
of the works board.
(f) The notice required by this section must provide the full text of
subsection (d) to provide notice to the property owners of their right to
object to the condemnation and be in substantially the same form as the
notice required under IC 32-24-1-6(a).
[Pre-2002 Recodification Citation: 32-11-1.5-5.]

Legislative History

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.5; P.L.152-2021, SEC.34.