§ 8-23-7-31 — Acquisition of property, rights, and easements; legal description; taxation

(a) Whenever the department acquires real
property, rights, or easements for the construction, repair, and
maintenance of a state highway, a legal description of all rights-of-way
and easements, including the area of the land acquired, shall be filed
by the department in the office of the recorder in the county in which
the real property is located. The description shall be recorded in the
deed records of the county. No fee may be charged for filing and
recording the description. The department shall also file the description
with the county auditor.
(b) Real property and interests in real property acquired for
permanent highway purposes are exempt from taxation from the date
of acquisition, provided that all taxes, interest, and penalties recorded
on the property tax duplicates have been paid. Where real property or
interests in real property are acquired after the assessment date of any
year but before December 31, the taxes on the property in the ensuing
year are not a lien on the property and shall be removed from the tax
duplicates by the county auditor. A property owner who on or after
March 1, 1965, conveyed real property or rights in real property to the
department and who after July 8, 1965, is assessed taxes upon the
property or rights conveyed and who pays the taxes by reason of the
failure of the department to properly record the interest in the real
property conveyed with the county auditor and recorder for tax
purposes may recover the amount of the taxes from the department.

Legislative History

As added by P.L.18-1990, SEC.216.