§ 8-22-2-10 — Eminent domain

(a) The board of an eligible entity:
(1) may exercise the power of eminent domain for the purpose of
carrying out this chapter;
(2) may award damages to landowners for real property rights
appropriated; and
(3) if the board cannot agree with the owners, lessees, or
occupants of real property selected by the board for the purposes
in this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies to
airports, landing fields, and restricted zones adjoining them to the
extent that it is not inconsistent with this chapter.
(b) This subsection applies only to a municipality. A board may
exercise the power of eminent domain under this section within four (4)
miles outside of the municipality's corporate boundaries. However,
with regard to an airport in existence on January 1, 2019, the board
may exercise the power of eminent domain to acquire land contiguous
to the airport that is located more than four (4) miles from the corporate
boundaries of the municipality.
(c) If the land on or across which it is necessary to establish and fix
a restricted zone is already in use for another public purpose or has
been condemned or appropriated for a use authorized by statute, and is
being used for that purpose by the corporation so appropriating it, the
public use or prior condemnation does not bar the right of the board to
condemn the use of the ground for aviation purposes. Use by the board
does not permanently prevent the use of the land for the prior public
use or by the corporation condemning or appropriating it.
(d) In a proceeding prosecuted by the board to condemn the use of
land for purposes permitted by this chapter, the burden is upon the
board to show that its use will not permanently or seriously interfere
with the continued public use of the land or by the corporation
condemning it, or its successors. However, in the proceeding, the board
may require the removal or the burying beneath the surface of the
ground of wires, cables, power lines, or other structures within a
restricted zone established under this chapter. In a proceeding
prosecuted by the board to condemn or appropriate land, the use of
land, or rights in land for purposes permitted by this chapter:
(1) the board and all owners and holders of property or rights in
property sought to be taken are governed by and have the same
rights to procedure, notices, hearings, assessments, and payments
of benefits and awards as are prescribed by statute for the
appropriation and condemnation of real property; and
(2) the property owners have like powers and rights of
remonstrance and of appeals to the circuit or superior court in the
county in which the entity is located.
Appeals affect only the amount of the assessment of awards of the
person appealing and must conform to all laws relating to appeals. The
payment of all damages awarded for all lands, property, or rights in
them appropriated under this chapter shall be paid entirely out of the
funds under the control of the board.
(e) Notwithstanding this or any other statute or any charter, the
eligible entity may take possession of the property to be acquired at any
time after the filing of the petition describing the property in
condemnation proceedings. It is not precluded from abandoning the
condemnation of the property in any case where possession has not
been taken. The board:
(1) may acquire and use any land reasonably necessary for the
purposes of this chapter; and
(2) may not acquire or use land that is still being used and is
necessary for the purposes for which it was previously
condemned.
[Pre-Local Government Recodification Citation:
19-6-1-11.]
As added by Acts 1980, P.L.8, SEC.73. Amended by
P.L.2-2002, SEC.46; P.L.277-2019, SEC.2.