§ 36-10-4-21 — Eminent domain; damages; prior public use

(a) The board may exercise the power of
eminent domain for the purposes of this chapter:
(1) within the corporate boundaries of the city; and
(2) before July 1, 2019, outside of the city within:
(A) ten (10) miles; or
(B) five (5) miles if the city adopted this chapter by ordinance
under IC 19-7-9 (before its repeal on September 1, 1981);
of the corporate boundaries of the city and within the county in
which the city is located.
The board may award damages to landowners for real property and
property rights appropriated or injuriously affected and assess benefits
to property beneficially affected. If the board cannot agree with the
owners, lessees, or occupants of any real property selected by the board
for the purposes of this chapter, the board may condemn the property
as provided in this chapter, and, when not inconsistent with this
chapter, may proceed under statutes governing the condemnation of
land and rights-of-way for other public purposes.
(b) If the land or surface of the ground on, over, or across which it
is necessary or advisable to establish, construct, or improve a
boulevard, parkway, or pleasure driveway is already in use for another
public purpose or has been condemned or appropriated for a use
authorized by statute and is being used for that purpose by the entity
appropriating it, the public use or prior condemnation does not bar the
board from condemning the use of the ground for park purposes.
However, the use by the board does not permanently prevent the use of
the land or the surface of the ground for the prior public use or by the
entity condemning or appropriating it. In a proceeding prosecuted by
the board to condemn the use of land or the surface of the ground for
purposes permitted by this chapter, the board must show that its
proposed use will not permanently or seriously interfere with the
continued use of the land or the surface of the ground.
[Pre-Local Government Recodification Citations: 19-7-9-8;
19-7-30-15.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts
1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16;
P.L.156-2020, SEC.151.