CHAPTER 3. PROCEDURES FOR STATE GOVERNMENT
IC 32-24-3
Chapter 3. Procedures for State Government
IC 32-24-3-1
Commencement of action
Sec. 1. If the governor considers it necessary:
(1) to acquire property on which to construct public buildings
for the state; or
(2) to acquire property adjoining state property on which
buildings have been erected;
the governor may order the attorney general to file an action in the
name of the state. The attorney general shall file the action in a court
that has jurisdiction in the county in which the property is located.
The state's petition must ask that appraisers be appointed to appraise
the value of the property considered necessary to be acquired for the
public uses of the state.
As added by P.L.2-2002, SEC.9.
IC 32-24-3-2
Notice; appointment of appraisers
Sec. 2. Upon filing the petition, the attorney general shall provide
the owners of the property the notice required by law in the
commencement of a civil action. It is sufficient to make defendants
to the petition all persons who are in possession of the property and
those who appear to be the owners or to have any interest in the
property by the tax duplicates and the records in the offices of the
auditor and recorder of the county. After notice has been given, the
court shall appoint:
(1) one (1) disinterested resident freeholder of the county where
the property is located; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the value of the property.
One (1) of the licensed appraisers appointed under this subsection
must reside not more than fifty (50) miles from the land or building.
As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.20.
IC 32-24-3-3
Oath and report of appraisers
Sec. 3. (a) Before entering upon their duties, the appraisers shall
take and subscribe an oath that they will honestly appraise the
property at its fair cash value.
(b) The appraisers shall make a report of their appraisement
within a time fixed by the court.
(c) If the appraisers fail for any cause to make a report within the
time fixed by the court, the court may extend the time or may appoint
other appraisers.
As added by P.L.2-2002, SEC.9.
IC 32-24-3-4
Exceptions to report of appraiser
Sec. 4. (a) After the appraisers file their report, any of the
defendants may, within a reasonable time fixed by the court, file
exceptions to the report, alleging that the appraisement of the
property, as made by the appraisers, is not the true cash value of the
property. If exceptions are filed, a trial on the exceptions shall be
held by the court or before a jury, if asked by either party.
(b) The circuit court clerk shall give notice of filing of the
appraisers' report to all known parties to the action and their
attorneys of record by certified mail.
(c) Upon the trial of the exceptions, the court may revise, correct,
amend, or confirm the appraisement in accordance with the finding
of the court or verdict of the jury.
(d) The court shall apportion the costs accruing in the proceedings
as justice may require. However, if applicable, a landowner who
incurs attorney's fees through the exercise of eminent domain under
this chapter is entitled to reasonable attorney's fees in accordance
with IC 32-24-1-14.
(e) Changes of venue may be had as in other cases.
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.15.
IC 32-24-3-5
Payment of value of real estate
Sec. 5. When the value of the property has been finally
determined by the court, the governor may provide for the amount so
found and may direct the auditor of state to draw a warrant on the
treasurer of state to be paid out of any fund available in favor of the
clerk of the circuit court. The clerk shall receive the money and hold
it in court for the use of the owners and other persons adjudged to be
entitled to the money.
As added by P.L.2-2002, SEC.9.
IC 32-24-3-6
Receipt of payment; execution of deed
Sec. 6. Upon payment to the clerk of the circuit court and the
filing of a receipt for the payment of the money in open court as a
part of the proceedings of the cause, the court shall direct the clerk
of the circuit court to:
(1) execute a deed conveying the title of the property to the
state of Indiana; and
(2) deliver the deed to the governor.
As added by P.L.2-2002, SEC.9.