§ 36-7-30.5-21 — Acquisition of property by eminent domain

Indiana § 36-7-30.5-21

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30.5: Development of Multicounty Federal Military Bases

Text

(a) If the development authority considers
it necessary to acquire real property in or serving a development area
by the exercise of the power of eminent domain, the development
authority shall adopt a resolution setting out its determination to
exercise that power and directing its attorney to file a petition on behalf
of the development authority in the circuit or superior court of the
county in which the property is situated. The resolution must be
approved by the legislative body of the affected 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. However, 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 development authority for the use and benefit
of the development authority.

Legislative History

As added by P.L.203-2005, SEC.11.