§ 36-7-30-16 — Acquisition of property by eminent domain

Indiana § 36-7-30-16

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) If the reuse authority considers it
necessary to acquire real property in or serving a reuse area by the
exercise of the power of eminent domain, it 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 reuse
authority, in the circuit or superior court of the county in which the
property is situated. The resolution must contain a finding by the reuse
authority that the property to be acquired is in an area needing
redevelopment (as defined in IC 36-7-1-3). The resolution must be
approved by the legislative body of the unit before the petition is filed.
(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 a political subdivision may not be acquired without the consent of
the state or the political subdivision.
(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 the reuse
authority.

Legislative History

As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002, SEC.118; P.L.185-2005, SEC.53.