Indiana § 32-24-4.5-11 Acquisition of property in certain project areas

Indiana Statutes

§ 32-24-4.5-11 — Acquisition of property in certain project areas

Indiana § 32-24-4.5-11

Title 32PROPERTY

Art. 24EMINENT DOMAIN

Ch. 4.5Procedures for Transferring Ownership or Control of

This text of Indiana § 32-24-4.5-11 (Acquisition of property in certain project areas) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-24-4.5-11 (2026).

Text

(a)This section applies to a parcel of real property located in a project area:

(1)that is located in only one (1) county;

(2)that is at least ten (10) acres in size; and

(3)in which a condemnor or its agents has acquired clear title to at least ninety percent (90%) of the parcels in the project area.

(b)As used in this section, "project area" means an area designated by a condemnor and the legislative body for the condemnor for economic development.

(c)Notwithstanding sections 7 and 8 of this chapter, a condemnor may acquire a parcel of real property by the exercise of eminent domain under this section only if all of the following conditions are met:

(1)The parcel of real property is not occupied by the owner of the parcel as a residence.

(2)The legislative body for the condemnor

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(a) This section applies to a parcel of real
property located in a project area:
(1) that is located in only one (1) county;
(2) that is at least ten (10) acres in size; and
(3) in which a condemnor or its agents has acquired clear title to
at least ninety percent (90%) of the parcels in the project area.
(b) As used in this section, "project area" means an area designated
by a condemnor and the legislative body for the condemnor for
economic development.
(c) Notwithstanding sections 7 and 8 of this chapter, a condemnor
may acquire a parcel of real property by the exercise of eminent
domain under this section only if all of the following conditions are
met:
(1) The parcel of real property is not occupied by the owner of the
parcel as a residence.
(2) The legislative body for the condemnor adopts a resolution by
a three-fourths (3/4) vote that authorizes the condemnor to
exercise eminent domain over a particular parcel of real property.
(d) A condemnor that acquires a parcel of real property through the
exercise of eminent domain under this section shall compensate the
owner of the parcel as follows:
(1) Payment to the owner equal to one hundred twenty five
percent (125%) of the fair market value of the parcel as
determined under IC 32-24-1.
(2) Payment of any other damages as determined under IC 32-24-1 and any loss incurred in a trade or business that is
attributable to the exercise of eminent domain.
(3) Payment of the owner's relocation costs, if any.
(e) The condemnor may not acquire a parcel of real property
through the exercise of eminent domain under this section if the owner
of the parcel demonstrates by clear and convincing evidence that:
(1) the location of the parcel is essential to the viability of the
owner's commercial activity and the payment of damages and
relocation costs cannot adequately compensate the owner of the
parcel; or
(2) the parcel is not necessary for the economic development
project for which it is sought.
(f) The court shall award the payment of reasonable attorney's fees
to the owner of a parcel in accordance with this chapter.