§ 32-24-4.5-1 — Application of chapter; "public use"

Indiana § 32-24-4.5-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 24: EMINENT DOMAIN
• Ch. 4.5: Procedures for Transferring Ownership or Control of

Text

(a) As used in this section, "public use"
means the:
(1) possession, occupation, and enjoyment of a parcel of real
property by the general public or a public agency for the purpose
of providing the general public with fundamental services,
including the construction, maintenance, and reconstruction of
highways, bridges, airports, ports, certified technology parks,
intermodal facilities, and parks;
(2) leasing of a highway, bridge, airport, port, certified technology
park, intermodal facility, or park by a public agency that retains
ownership of the parcel by written lease with right of forfeiture;
or
(3) use of a parcel of real property to create or operate a public
utility, an energy utility (as defined in IC 8-1-2.5-2), or a pipeline
company.
The term does not include the public benefit of economic development,
including an increase in a tax base, tax revenues, employment, or
general economic health.
(b) This chapter applies to a condemnor that exercises the power of
eminent domain to acquire a parcel of real property:
(1) from a private person;
(2) with the intent of ultimately transferring ownership or control
to another private person; and
(3) for a use that is not a public use.
(c) This chapter does not apply thirty (30) years after the acquisition
of the real property.

Legislative History

As added by P.L.163-2006, SEC.17.