§ 8-23-7-28 — Surveys and investigations; compensation for damages

If during an entry under section 26 of this
chapter damage occurs to the land or water as a result of the entry or
work performed during the entry, the department shall compensate the
aggrieved party. If the aggrieved party is not satisfied with the
compensation determined by the department, the amount of damages
shall be assessed by the county agricultural extension educator of the
county in which the land or water is located and two (2) disinterested
residents of the county, one (1) appointed by the aggrieved party and
one (1) appointed by the department. A written report of the assessment
of damages shall be mailed to the aggrieved party and the department
by first class United States mail. If either the department or the
aggrieved party is not satisfied with the assessment of damages, either
or both may file a petition, not later than fifteen (15) days after
receiving the report, in the circuit or superior court of the county in
which the land or water is located. The department shall pay any
compensation awarded to an aggrieved party under this section:
(1) not more than sixty (60) days after the date on which the
parties agree to the amount of the compensation; or
(2) as ordered by the circuit or superior court.

Legislative History

As added by P.L.18-1990, SEC.216. Amended by P.L.40-1993, SEC.3; P.L.99-2008, SEC.4.