§ 36-9-4-32 — Eminent domain; procedure

Indiana § 36-9-4-32

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 4: Urban Mass Transportation Systems; Public

Text

(a) The board of directors of a public
transportation corporation may exercise the power of eminent domain
for the condemnation of any interest in real or personal property for use
within the taxing district of the corporation.
(b) Proceedings for the condemnation of property by the board are
governed by IC 32-24-1 to the extent it is not in conflict with this
chapter.
(c) The board may not institute proceedings until it has adopted an
ordinance generally describing the property to be acquired, declaring
that the public interest and necessity require the acquisition by the
corporation of the property involved, and declaring that the acquisition
is necessary for the establishment, development, extension, or
improvement of the system. The ordinance is conclusive evidence of
the public necessity of the proposed acquisition and that the proposed
acquisition is planned in a manner most compatible with the greatest
public good and the least private injury.
[Pre-Local Government Recodification Citation: 19-5-2-22
part.]
As added by Acts 1981, P.L.309, SEC.77. Amended by
P.L.2-2002, SEC.119.