CHAPTER 18. ACQUISITION OF PUBLIC PROPERTY FOR HIGHWAYS
IC 8-23-18
Chapter 18. Acquisition of Public Property for Highways
IC 8-23-18-1
Authority for acquisition
Sec. 1. The authority given to the department to acquire the fee
simple title to public or private real property, rights, or easements
needed or reasonably necessary for a state highway includes the right
to acquire real property or a right in, to, or over real property owned,
held, or claimed by a city, town, township, county, school
corporation or other municipal corporation, or political subdivision
of the state, public corporation, instrumentality, or agency supported
in whole or in part by taxation.
As added by P.L.18-1990, SEC.227.
IC 8-23-18-2
Use of eminent domain
Sec. 2. Whenever the department is unable to agree with an owner
of real property or a right described in section 1 of this chapter upon
the damages sustained by the owner or upon the purchase price of the
real property in fee or the right, interest, or easement sought to be
acquired, the department may proceed in the name of the state in the
exercise of the right of eminent domain to condemn and acquire the
real property or right.
As added by P.L.18-1990, SEC.227.
IC 8-23-18-3
Voluntary conveyances and grants by political entities
Sec. 3. Each city, town, township, county, school corporation and
other political subdivision of the state, public corporation,
instrumentality, or agency supported in whole or part by taxation
may convey and grant to the state for the use and benefit of the
department, by voluntary conveyance or grant, with or without
consideration, any real property or rights in or to real property
needed or reasonably necessary for a state highway.
As added by P.L.18-1990, SEC.227.
IC 8-23-18-4
Tax delinquent lands; acquisition
Sec. 4. Whenever the real property or right in real property sought
to be acquired by the department is real property, or a right or
interest in real property that was acquired by the county,
municipality, or political subdivision after the real property or right
had been unsuccessfully offered for sale for delinquent taxes, and
had been acquired by or for the county for the delinquent taxes under
the law the purchase price or condemnation award paid by the
department to the county, municipality, or political subdivision may
not exceed the amount of the delinquent and general taxes due at the
time it was acquired by the county, municipality, or political
subdivision, excluding penalties and not including any current taxes
becoming due and payable in the year in which acquired by the state
for highway use. A county shall convey and transfer real property, a
right or interest in real property to the state for the use of the
department for consideration whenever requested to do so by the
department. The consideration paid by the department shall be
distributed among the several subdivisions of government in the
manner provided by IC 6-1.1, as other collections of delinquent taxes
are distributed.
As added by P.L.18-1990, SEC.227.
IC 8-23-18-5
Tax delinquent lands; acquisition after assertion of right of
redemption
Sec. 5. If a right of redemption exists in the owner of a interest in
real property described in section 4 of this chapter that is asserted in
the time and manner allowed and permitted by law, it shall be treated
as any other private interest in real property acquired for public use
by the department. However, if the county or municipality has placed
any improvements upon the real property after acquiring the real
property, the department shall pay the reasonable value of the
improvements. If the reasonable value of the improvements cannot
be determined by agreement, the department may proceed in the
name of the state in the exercise of the right of eminent domain to
condemn and acquire the real property.
As added by P.L.18-1990, SEC.227.
IC 8-23-18-6
Validation grants and conveyances by political entities
Sec. 6. All grants and conveyances made before March 11, 1959,
by a municipality or subdivision of government, public corporation,
instrumentality, or agency supported in whole or in part by taxation
are hereby declared to be valid and of full force and effect.
As added by P.L.18-1990, SEC.227.