IC 16-22-9
    Chapter 9. Power of Condemnation for Nonprofit GeneralHospitals in Certain Counties

IC 16-22-9-1
Application of chapter
    Sec. 1. This chapter applies to a county containing any of thefollowing:
        (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 aninpatient facility open to the general public that admits anycombination of maternity, acute, or long term medical or surgicalpatients and provides personal care, x-rays, laboratory, surgery, andother recognized hospital specialized diagnostic or treatmentfacilities and services for the purpose of furnishing inpatient medicalor 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" meanshospital 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 nonprofithospital 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 cityin a county subject to this chapter may acquire by condemnation realproperty or an interest in real property, including any buildings,structures, or other improvements, immediately adjacent to andnecessary for the expansion of a general hospital owned and operatedby a nonprofit hospital corporation if the following conditions aremet:
        (1) The construction of hospital facilities is to begin not morethan three (3) years after the date of acquisition bycondemnation.
        (2) The county executive or the city legislative body finds thatthe 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 tocommence hospital construction
    Sec. 6. The condemnation and acquisition must be for the use andbenefit of and at the expense of the nonprofit hospital corporation asset forth in section 9 of this chapter. If construction of hospitalfacilities is not commenced not more than three (3) years after thedate of acquisition by condemnation, the title to the real propertyreverts to the person from which the property was acquired. The timefor commencing construction is extended by delays caused bystrikes, lockouts, fire, or causes beyond the control of the nonprofithospital 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 filewith the county recorder an affidavit showing the date ofcommencement of construction. An action to effect reversion or toput in issue the commencement of construction within the requiredtime must be commenced not more than two (2) years after the filingof 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 thischapter 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 condemnationproceedings, including reasonable attorney's fees for thecondemning authority; and
        (2) award or damages due the owner of the real property takenin the condemnation proceedings;
shall be paid by the nonprofit hospital corporation to the owner ofthe real property or to the clerk of the court and possession taken bythe 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 thecondemnation proceedings, the corporation shall pay the expenses orlosses actually incurred by the condemning authority arising out ofthe condemnation proceedings. The nonprofit hospital corporation

may enter into the defense against claims or demands arising out ofthe 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 theamount of the award or damages, and all costs and expenses incurredin the condemnation proceedings, including reasonable attorney'sfees for the condemning authority, the condemning authority shalltransfer, assign, and convey to the nonprofit hospital corporation thereal 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 andcharges; use by nonresidents
    Sec. 12. A nonprofit hospital corporation for whose use andbenefit condemnation proceedings are instituted shall be operated forthe benefit of all the inhabitants of the county without discrimination.The rates and charges for services must be reasonable and be uniformfor all inhabitants of the county. The governing body of the hospitalmay extend the privileges and use of the hospital to persons residingoutside of the county upon terms and conditions the governing bodyprescribes.
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 condemnationunder this chapter for the use and benefit of a nonprofit hospitalcorporation does not control, limit, or alter the right of the nonprofithospital corporation to determine the physicians that may practice inor admit patients to the hospital.
As added by P.L.2-1993, SEC.5.