§ 36-7-14-20 — Eminent domain; procedure; legislative body resolution

Indiana § 36-7-14-20

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 14: Redevelopment of Areas Needing Redevelopment

Text

(a) If the legislative body of the unit that
established the department of redevelopment considers it necessary to
acquire real property in a redevelopment project area by the exercise
of the power of eminent domain, the legislative body shall adopt a
resolution setting out its determination to exercise that power and
directing its attorney to file a petition in the name of the unit on behalf
of the department of redevelopment, in the circuit or superior court of
the county in which the property is situated.
(b) Eminent domain proceedings under this section are governed by
IC 32-24 and other applicable statutory provisions for the exercise of
the power of eminent domain. Property already devoted to a public use
may be acquired under this section, but property belonging to the state
or any political subdivision may not be acquired without its consent.
(c) The court having jurisdiction shall direct the clerk of the circuit
court to execute a deed conveying the title of real property acquired
under this section to the unit for the use and benefit of its department
of redevelopment.
[Pre-Local Government Recodification Citations: 18-7-7-17;
18-7-7.1-17.]
As added by Acts 1981, P.L.309, SEC.33. Amended by
P.L.2-2002, SEC.110; P.L.185-2005, SEC.16; P.L.146-2008, SEC.730;
P.L.149-2014, SEC.11.