§ 36-10-4-34 — Damage awards; certificates; payment; disputes as to claimants

(a) The board shall, upon completion of a
damage award or upon the determination of an appeal, make out
certificates for the proper amounts and in favor of the proper persons.
When a person presents a certificate to the city fiscal officer, the person
is entitled to a warrant on the city treasury. The warrant shall be
countersigned by the president or vice president and the secretary of
the board.
(b) The city shall pay the persons the amounts due them as shown
by the certificates. The certificates or vouchers shall, whenever
practical, be actually tendered to the person entitled to them, but if this
is impractical they shall be kept for the persons in the office of the
board. The making and filing of the certificates is a valid effectual
tender to the person entitled to them when there is sufficient money to
pay them. The certificates shall be delivered to the person on request.
(c) If a dispute or doubt arises as to which person shall be paid the
money, the board shall make out the certificate in favor of the attorney
appointed by the board for the use of the person entitled to it. The
attorney shall then draw the money and pay it into court in a proper
proceeding, requiring the various claimants to interplead and have their
respective rights determined. If an injunction is obtained because
damages have not been paid or tendered, the board shall tender the
amount of them, with interest from the time of the entry of the property,
if entry has been made, and all accrued costs. The injunction shall then
be disposed of, if there is sufficient money to pay the certificate. The
pendency of an appeal to the circuit or superior court of a county does
not affect the validity of a tender made under this section, but the board
is entitled to proceed with its appropriation of the property in question.
[Pre-Local Government Recodification Citation:
19-7-30-29.]
As added by Acts 1981, P.L.309, SEC.111.