§ 32-24-4.5-7 — Acquisition of property; conditions

Indiana § 32-24-4.5-7

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

Text

A condemnor may acquire a parcel of real
property by the exercise of eminent domain under this chapter only if
all the following conditions are met:
(1) At least one (1) of the following conditions exists on the
parcel of real property:
(A) The parcel contains a structure that, because of:
(i) physical condition;
(ii) use; or
(iii) occupancy;
constitutes a public nuisance.
(B) The parcel contains a structure that is unfit for human
habitation or use because the structure:
(i) is dilapidated;
(ii) is unsanitary;
(iii) is unsafe;
(iv) is vermin infested; or
(v) does not contain the facilities or equipment required by
applicable building codes or housing codes.
(C) The parcel contains a structure that is:
(i) a fire hazard; or
(ii) otherwise dangerous to the safety of persons or property.
(D) The parcel contains a structure that is not fit for its intended
use because:
(i) the utilities;
(ii) the sewerage;
(iii) the plumbing;
(iv) the heating; or
(v) any other similar services or facilities;
have been disconnected, destroyed, removed, or rendered
ineffective.
(E) The parcel:
(i) is located in a substantially developed neighborhood;
(ii) is vacant or unimproved; and
(iii) because of neglect or lack of maintenance, has become
a place for the accumulation of trash, garbage, or other debris
or become infested by rodents or other vermin, and the
neglect or lack of maintenance has not been corrected by the
owner of the parcel within a reasonable time after the owner
receives notice of the accumulation or infestation.
(F) The parcel and any improvements on the parcel are the
subject of tax delinquencies that exceed the assessed value of
the parcel and its improvements.
(G) The parcel poses a threat to public health or safety because
the parcel contains environmental contamination.
(H) The parcel has been abandoned.
(2) The acquisition of the parcel of real property through the
exercise of eminent domain is expected to accomplish more than
only increasing the property tax base of a government entity.
(3) If the owner files a request for mediation at the time the owner
files an objection or exception to an eminent domain proceeding,
the mediation occurs as follows:
(A) The court shall appoint a mediator not later than ten (10)
days after the request for mediation is filed.
(B) The condemnor shall engage in good faith mediation with
the owner, including the consideration of a reasonable
alternative to the exercise of eminent domain.
(C) The mediation must be concluded not later than ninety (90)
days after the appointment of the mediator.
(D) The condemnor shall pay the costs of the mediator.
A determination concerning whether a condition described in this
section has been met is subject to judicial review in an eminent domain
proceeding concerning the parcel of real property. If a court determines
that an eminent domain proceeding brought under this chapter is
unauthorized because the condemnor did not meet the conditions
described in this section, the court shall order the condemnor to
reimburse the owner for the owner's reasonable attorney's fees that the
court finds were necessary to defend the action.

Legislative History

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