§ 8-23-17-25 — Policy guidelines

Indiana § 8-23-17-25

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 17: Relocation Assistance

Text

All agencies shall, to the greatest extent
practicable, be guided by the following policies:
(1) The agency shall make every reasonable effort to acquire
expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or a designated representative shall
be given an opportunity to accompany the appraiser during the
inspection of the property.
(3) Before the initiation of negotiations for real property, the
agency concerned shall establish an amount that it believes to be
just compensation and shall make a prompt offer to acquire the
property for the full amount established. The amount may not be
less than the agency's approved appraisal of the fair market value
of the property. A decrease or increase in the fair market value of
real property before the date of valuation caused by the public
improvement for which the property is acquired, or by the
likelihood that the property would be acquired for the
improvement, other than that due to physical deterioration within
the reasonable control of the owner, will be disregarded in
determining the compensation for the property. The agency
concerned shall provide the owner of real property to be acquired
with a written statement of, and summary of the basis for, the
amount it established as just compensation. Where appropriate
the just compensation for the real property acquired and for
damages to remaining real property shall be separately stated.
(4) An owner is not required to surrender possession of real
property before the agency concerned pays the agreed purchase
price, or deposits with the court in eminent domain proceedings
for the benefit of the owner, the amount of the award of the
appraisers in the eminent domain proceeding for the property.
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, a
person lawfully occupying real property is not required to move
from a dwelling (assuming an adequate replacement dwelling will
be available) or to move a business or farm operation without at
least ninety (90) days written notice from the agency concerned
of the date by which the move is required.
(6) If the agency permits an owner or tenant to occupy the real
property acquired on a rental basis for a short term or for a period
subject to termination by the agency on short notice, the amount
of rent required may not exceed the fair rental value of the
property to a short-term occupier.
(7) The agency may not advance the time of condemnation, or
defer negotiations or condemnation and the deposit of funds in
court for the use of the owner, or take any other action coercive in
nature, to compel an agreement on the price to be paid for the
property.
(8) If any interest in real property is to be acquired by exercise of
the power of eminent domain, the agency concerned shall institute
formal condemnation proceedings. An agency may not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of the owner's real
property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the agency concerned shall
offer to acquire the entire property.

Legislative History

As added by P.L.18-1990, SEC.226.