Indiana § 36-7-18-28 Eminent domain

Indiana Statutes

§ 36-7-18-28 — Eminent domain

Indiana § 36-7-18-28

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 18Housing Authorities

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Bluebook

Ind. Code § 36-7-18-28 (2026).

Text

(a)A housing authority may, by the exercise of the power of eminent domain, acquire any real property that it considers necessary for its purposes under this chapter, if it first adopts a resolution declaring that necessity. An authority may exercise the power of eminent domain:

(1)under IC 32-24;

(2)under IC 32-24-2, as if it were a works board; or

(3)under any other applicable statutory provisions for the exercise of the power of eminent domain.

(b)Property already devoted to a public use may be acquired under this section, but real property belonging to the state or any political subdivision may not be acquired without the consent of the state or political subdivision that owns the property. [Pre-Local Government Recodification Citation: 18-7-11-12.] As added by Acts 1981, P.L.309,

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(a) A housing authority may, by the exercise
of the power of eminent domain, acquire any real property that it
considers necessary for its purposes under this chapter, if it first adopts
a resolution declaring that necessity. An authority may exercise the
power of eminent domain:
(1) under IC 32-24;
(2) under IC 32-24-2, as if it were a works board; or
(3) under any other applicable statutory provisions for the
exercise of the power of eminent domain.
(b) Property already devoted to a public use may be acquired under
this section, but real property belonging to the state or any political
subdivision may not be acquired without the consent of the state or
political subdivision that owns the property.
[Pre-Local Government Recodification Citation:
18-7-11-12.]
As added by Acts 1981, P.L.309, SEC.37. Amended by
P.L.2-2002, SEC.115.