2013 Indiana Code TITLE 16. HEALTH ARTICLE 22. COUNTY HOSPITALS CHAPTER 9. POWER OF CONDEMNATION FOR NONPROFIT GENERAL HOSPITALS IN CERTAIN COUNTIES
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IC 16-22-9
Chapter 9. Power of Condemnation for Nonprofit General
Hospitals in Certain Counties
IC 16-22-9-1
Application of chapter
Sec. 1. This chapter applies to a county containing any of the
following:
(1) A second class city.
(2) A consolidated city.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-2
General hospital defined
Sec. 2. As used in this chapter, "general hospital" means an
inpatient facility open to the general public that admits any
combination of maternity, acute, or long term medical or surgical
patients and provides personal care, x-rays, laboratory, surgery, and
other recognized hospital specialized diagnostic or treatment
facilities and services for the purpose of furnishing inpatient medical
or surgical care.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-3
General hospital services defined
Sec. 3. As used in this chapter, "general hospital services" means
hospital services furnished by a general hospital.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-4
General hospital as public use
Sec. 4. General hospitals owned and operated by nonprofit
hospital corporations are declared to be a public use.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-5
Conditions for exercise of eminent domain
Sec. 5. The county executive or the city legislative body of a city
in a county subject to this chapter may acquire by condemnation real
property or an interest in real property, including any buildings,
structures, or other improvements, immediately adjacent to and
necessary for the expansion of a general hospital owned and operated
by a nonprofit hospital corporation if the following conditions are
met:
(1) The construction of hospital facilities is to begin not more
than three (3) years after the date of acquisition by
condemnation.
(2) The county executive or the city legislative body finds that
the acquisition and expansion is necessary.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-6
Use and purposes of condemnation; reversion upon failure to
commence hospital construction
Sec. 6. The condemnation and acquisition must be for the use and
benefit of and at the expense of the nonprofit hospital corporation as
set forth in section 9 of this chapter. If construction of hospital
facilities is not commenced not more than three (3) years after the
date of acquisition by condemnation, the title to the real property
reverts to the person from which the property was acquired. The time
for commencing construction is extended by delays caused by
strikes, lockouts, fire, or causes beyond the control of the nonprofit
hospital corporation.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-7
Commencement of construction; filing of affidavit
Sec. 7. An officer of the corporation shall, not more than sixty
(60) days after the commencement of construction, make and file
with the county recorder an affidavit showing the date of
commencement of construction. An action to effect reversion or to
put in issue the commencement of construction within the required
time must be commenced not more than two (2) years after the filing
of the affidavit.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-8
Terms and conditions of acquisition
Sec. 8. The acquisition and condemnation authorized by this
chapter shall be made in accordance with IC 32-24-1 and IC 32-24-6.
As added by P.L.2-1993, SEC.5. Amended by P.L.2-2002, SEC.68.
IC 16-22-9-9
Payment of costs, attorney's fees, and damages to real estate owner
Sec. 9. The:
(1) costs and expenses incurred in the condemnation
proceedings, including reasonable attorney's fees for the
condemning authority; and
(2) award or damages due the owner of the real property taken
in the condemnation proceedings;
shall be paid by the nonprofit hospital corporation to the owner of
the real property or to the clerk of the court and possession taken by
the nonprofit hospital corporation in accordance with IC 32-24-1-10.
As added by P.L.2-1993, SEC.5. Amended by P.L.2-2002, SEC.69.
IC 16-22-9-10
Abandonment of proceedings
Sec. 10. If the nonprofit hospital corporation elects to abandon the
condemnation proceedings, the corporation shall pay the expenses or
losses actually incurred by the condemning authority arising out of
the condemnation proceedings. The nonprofit hospital corporation
may enter into the defense against claims or demands arising out of
the condemnation proceedings.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-11
Transfer of acquired property
Sec. 11. When the nonprofit hospital corporation has paid the
amount of the award or damages, and all costs and expenses incurred
in the condemnation proceedings, including reasonable attorney's
fees for the condemning authority, the condemning authority shall
transfer, assign, and convey to the nonprofit hospital corporation the
real property acquired in the condemnation proceedings.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-12
Operation of benefited hospitals; discrimination; rates and
charges; use by nonresidents
Sec. 12. A nonprofit hospital corporation for whose use and
benefit condemnation proceedings are instituted shall be operated for
the benefit of all the inhabitants of the county without discrimination.
The rates and charges for services must be reasonable and be uniform
for all inhabitants of the county. The governing body of the hospital
may extend the privileges and use of the hospital to persons residing
outside of the county upon terms and conditions the governing body
prescribes.
As added by P.L.2-1993, SEC.5.
IC 16-22-9-13
Physician use of facilities
Sec. 13. The grant or exercise of the power of condemnation
under this chapter for the use and benefit of a nonprofit hospital
corporation does not control, limit, or alter the right of the nonprofit
hospital corporation to determine the physicians that may practice in
or admit patients to the hospital.
As added by P.L.2-1993, SEC.5.
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