Indiana § 8-6-2.1-28 Payment of damages

Indiana Statutes

§ 8-6-2.1-28 — Payment of damages

Indiana § 8-6-2.1-28

Art. 6RAILROAD CROSSINGS

Ch. 2.1Railroad Grade Crossing Separations

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Bluebook

Ind. Code § 8-6-2.1-28 (2026).

Text

(a)The board, upon the completion of the award of damages, if any, or upon the determination of the appeals taken, shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the city controller or clerk-treasurer of the city entitles those persons to a warrant drawn on the city treasury. The controller or clerk-treasurer shall pay the persons named the amounts due them respectively, as shown by the certificates, out of the separate and specific funds derived from the sale of bonds and from benefit assessments provided for in section 30 of this chapter, or out of funds coming from equitable settlements between the parties, and these payments may not be made from any other source or funds.

(b)The certificates or vouchers shall

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(a) The board, upon the completion of the
award of damages, if any, or upon the determination of the appeals
taken, shall make out certificates for the proper amounts and in favor
of the proper persons. Presentation of the certificates to the city
controller or clerk-treasurer of the city entitles those persons to a
warrant drawn on the city treasury. The controller or clerk-treasurer
shall pay the persons named the amounts due them respectively, as
shown by the certificates, out of the separate and specific funds derived
from the sale of bonds and from benefit assessments provided for in
section 30 of this chapter, or out of funds coming from equitable
settlements between the parties, and these payments may not be made
from any other source or funds.
(b) The certificates or vouchers shall, whenever practical, be
tendered actually to the person entitled to them, but where this is
impractical, they shall be kept for the persons in the office of the board,
and the making and filing of the certificates, in all cases, is considered
to be valid tender to the person entitled to them at the time or as soon
as there are sufficient funds to pay them. They shall be delivered to the
person on request. In case of dispute or doubt as to which of various
persons the money shall be paid, the board shall make out the
certificates in favor of the attorney appointed by the board for the use
of the persons entitled to them, and the attorney shall draw the money
and pay it into court, requiring the various claimants to interplead and
have their respective rights determined.
(c) If an injunction is obtained because damages have not been paid
or tendered, the board shall tender the amount of damages with interest
from the time of the entry of the property, if any has been made, and all
accrued costs. If there are sufficient funds to pay the certificate, the
injunction shall be removed. The pendency of an appeal to the circuit
court, superior court, or probate court of a county does not affect the
validity of a tender made under this section, but the board may proceed
with its appropriation of the property in question.
[Pre-Local Government Recodification Citation:
19-5-14-28.]
As added by Acts 1980, P.L.8, SEC.70. Amended by
P.L.84-2016, SEC.47.