2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 17. PROPERTY ACQUISITION CHAPTER 3. EMINENT DOMAIN
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IC 14-17-3
Chapter 3. Eminent Domain
IC 14-17-3-1
General eminent domain powers
Sec. 1. (a) The commission may exercise the power of eminent
domain as necessary or proper to carry out the following:
(1) IC 14-19-1-1.
(2) IC 14-22-3.
(3) IC 14-23-1-1.
(4) IC 14-25-10.
(5) IC 14-31-1.
(6) IC 14-26-1-4.
(7) IC 14-26-1-5.
(8) IC 14-28-1-11.
(b) The department may exercise the power of eminent domain as
necessary or proper to carry out the following:
(1) IC 14-29-6-13.
(2) IC 14-34-19-6.
(3) IC 14-36-2-6.
As added by P.L.1-1995, SEC.10.
IC 14-17-3-2
Resolutions
Sec. 2. If the commission considers it necessary or proper to
appropriate real property or acquire a right under this chapter, the
commission shall do the following:
(1) Adopt an appropriate resolution that states the following:
(A) A specific description of the real property or right.
(B) The purpose for which the real property or right is to be
used.
(C) Other facts that are necessary for the proper preparation
of a complaint for the condemnation of the real property or
right.
(2) Refer the resolution to the attorney general.
As added by P.L.1-1995, SEC.10.
IC 14-17-3-3
Duties of attorney general
Sec. 3. The attorney general shall do the following:
(1) In the proper court, file an action in the name of the state of
Indiana on the relation of the commission for the condemnation
of the real property or right.
(2) Proceed under IC 32-24 to condemn the real property or
right under this chapter.
As added by P.L.1-1995, SEC.10. Amended by P.L.2-2002, SEC.59.
IC 14-17-3-4
Expenses
Sec. 4. Expenses incurred in conducting condemnation
proceedings and in acquiring real property or rights by condemnation
under this chapter shall be paid out of money appropriated or
otherwise available for the use of the department and not otherwise
expended in the work of the department as provided in this article.
As added by P.L.1-1995, SEC.10.
IC 14-17-3-5
Lease or purchase of land by person from whom land acquired
Sec. 5. (a) This section applies if the department:
(1) acquired land under:
(A) this chapter; or
(B) IC 14-3-1-19 (before its repeal);
after September 1, 1983; and
(2) decides to lease or sell the land for use in a manner identical
or similar to that for which the land was used before the
acquisition.
(b) The person from whom the department acquired the land may,
at the person's option, lease or purchase the land under the same
conditions that the land will be leased or sold by the department if the
person does not exercise the option.
As added by P.L.1-1995, SEC.10.
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