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 buildingsfor the state; or
(2) to acquire property adjoining state property on whichbuildings have been erected;
the governor may order the attorney general to file an action in thename of the state. The attorney general shall file the action in a courtthat has jurisdiction in the county in which the property is located.The state's petition must ask that appraisers be appointed to appraisethe value of the property considered necessary to be acquired for thepublic 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 providethe owners of the property the notice required by law in thecommencement of a civil action. It is sufficient to make defendantsto the petition all persons who are in possession of the property andthose who appear to be the owners or to have any interest in theproperty by the tax duplicates and the records in the offices of theauditor and recorder of the county. After notice has been given, thecourt shall appoint:
(1) one (1) disinterested resident freeholder of the county wherethe 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 subsectionmust 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 shalltake and subscribe an oath that they will honestly appraise theproperty at its fair cash value.
(b) The appraisers shall make a report of their appraisementwithin a time fixed by the court.
(c) If the appraisers fail for any cause to make a report within thetime fixed by the court, the court may extend the time or may appointother 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 thedefendants may, within a reasonable time fixed by the court, fileexceptions to the report, alleging that the appraisement of theproperty, as made by the appraisers, is not the true cash value of theproperty. If exceptions are filed, a trial on the exceptions shall beheld by the court or before a jury, if asked by either party.
(b) The circuit court clerk shall give notice of filing of theappraisers' report to all known parties to the action and theirattorneys 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 findingof the court or verdict of the jury.
(d) The court shall apportion the costs accruing in the proceedingsas justice may require. However, if applicable, a landowner whoincurs attorney's fees through the exercise of eminent domain underthis chapter is entitled to reasonable attorney's fees in accordancewith 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 finallydetermined by the court, the governor may provide for the amount sofound and may direct the auditor of state to draw a warrant on thetreasurer of state to be paid out of any fund available in favor of theclerk of the circuit court. The clerk shall receive the money and holdit in court for the use of the owners and other persons adjudged to beentitled 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 thefiling of a receipt for the payment of the money in open court as apart of the proceedings of the cause, the court shall direct the clerkof the circuit court to:
(1) execute a deed conveying the title of the property to thestate of Indiana; and
(2) deliver the deed to the governor.
As added by P.L.2-2002, SEC.9.