Indiana Statutes
§ 36-9-38-19 — Eminent domain; vacation of streets and alleys; property owned by government entities
Indiana·Title 36 LOCAL GOVERNMENT·Art. 9 TRANSPORTATION AND PUBLIC WORKS·Ch. 38 Barrett Law Funding for Municipal Improvement
(a)If:
(1)an improvement under this chapter requires the acquisition of
property or property rights; and
(2)the acquisition cannot be made through the assessment
proceedings established by this chapter;
the municipality may proceed by eminent domain.
(b)The eminent domain proceeding shall be conducted in the
manner provided by the statutes applicable to acquisition of property
by the municipality for public purposes. Any property or property rights
acquired belong to the municipality.
(c)If it is necessary to vacate streets or alleys, the vacation shall be
made in the manner provided by statute.
(d)Any property owned by the municipality or another
governmental entity may be made available for any public
improvement under this chapter, without charge.
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Legislative History
As added by P.L.98-1993, SEC.9.
Nearby Sections
15
§ 36-1-10-1
Application of chapter§ 36-1-10-10
Plans, specifications, and estimates for structures, systems, and
transportation projects§ 36-1-10-11
Property held in fee simple; sale procedure§ 36-1-10-12
Lease in anticipation of acquisition or construction of structure, system,
or transportation project§ 36-1-10-13
Hearing; procedure; execution of lease§ 36-1-10-17
Annual appropriation and tax levy§ 36-1-10-18
Tax exemption of leased structures, systems, and transportation
projects; taxation of rental paid lessor§ 36-1-10-19
Assignment or conveyance of lease; conveyance of structure, system,
or transportation project§ 36-1-10-2
Definitions§ 36-1-10-20
Repealed