CHAPTER 4. PROCEDURES FOR UTILITIES AND OTHER CORPORATIONS
IC 32-24-4
Chapter 4. Procedures for Utilities and Other Corporations
IC 32-24-4-1
Public utilities
Sec. 1. (a) A person, firm, partnership, limited liability company,or corporation authorized to do business in Indiana and authorized to:
(1) furnish, supply, transmit, transport or distribute electricalenergy, gas, oil, petroleum, water, heat, steam, hydraulic power,or communications by telegraph or telephone to the public or toany town or city; or
(2) construct, maintain or operate turnpikes, toll bridges, canals,public landings, wharves, ferries, dams, aqueducts, streetrailways, or interurban railways for the use of the public or forthe use of any town or city;
may take, acquire, condemn, and appropriate land, real estate, or anyinterest in the land or real estate to accomplish the essential deliveryof services described in subdivisions (1) and (2).
(b) A person described in subsection (a) has all accommodations,rights, and privileges necessary to accomplish the use for which theproperty is taken. A person acting under subsection (a) may useacquired, condemned, or appropriated land to construct railroadsiding, switch, or industrial tracks connecting its plant or facilitieswith the tracks of any common carrier.
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.16.
IC 32-24-4-2
Fee simple or easements
Sec. 2. The condemnor may take, acquire, condemn, andappropriate a fee simple estate, title, and interest in an amount ofland as the condemnor considers necessary for the condemnor'sproper uses and purposes. However, for rights-of-way, thecondemnor shall take, acquire, condemn, and appropriate aneasement.
As added by P.L.2-2002, SEC.9.
IC 32-24-4-3
Authority to exercise eminent domain
Sec. 3. The appropriation and condemnation of land andeasements in land authorized under this chapter shall be made underIC 32-24-1, except as otherwise provided in this chapter.
As added by P.L.2-2002, SEC.9.
IC 32-24-4-4
Application; payments; election of method; sale of interest inservient estate; statement in offer; acceptance of offer
Sec. 4. (a) This section applies to a public utility that appropriatesby condemnation procedures an easement for right-of-way purposeson land zoned or used for agricultural purposes.
(b) If a public utility makes a uniform easement acquisition offer
under IC 32-24-1-5 or a settlement offer under IC 32-24-1-12 inexcess of five thousand dollars ($5,000), the owner of the land mayelect to accept as compensation either a lump sum payment or annualpayments for a period not to exceed twenty (20) years.
(c) The landowner must elect either the lump sum payment or theannual payment method at the time the landowner:
(1) accepts the public utility's offer under IC 32-24-1-5 orIC 32-24-1-12 to purchase an easement;
(2) accepts the appraisers' award; or
(3) is awarded damages by a judgment in a proceeding underthis article.
The grant of easement or judgment, whichever is applicable, muststate the method of payment the landowner has elected to receive.
(d) If the land is owned by more than one (1) person, the electionto receive annual payments must be unanimous among all recordowners to be binding upon the public utility.
(e) Selection of the lump sum method of payment irrevocablybinds the landowner and the landowner's successors in interest.
(f) The annual amount payable must be equal to the lump sumpayment that would have otherwise been made by the utility dividedby the number of years the landowner elects to receive the annualpayments plus interest at a rate agreed upon by the public utility andthe landowner on the balance remaining at the end of each year. Thepublic utility shall make the annual payment as close as practicableto the date of the landowner's acceptance of the public utility's offeror the date of the judgment granting the utility the easement. If thepublic utility and the landowner are unable to agree upon the interestrate, the interest rate shall be the average annual effective interestrate for all new Federal Land Bank Loans, computed on the basis ofthe twelve (12) month period immediately preceding the date ofsettlement.
(g) A landowner who withdraws the appraisers' award underIC 32-24-1-11 may receive only a lump sum payment from the clerkat that time. If the landowner is later awarded a judgment fordamages that exceeds the amount of the appraisers' award, thelandowner may elect either method of compensation only to theextent that the damages exceed the appraisers' award remaining to bepaid by the public utility as a result of the judgment.
(h) A landowner who elects the annual payment method mayterminate the election by giving notarized written notice to the publicutility at least ninety (90) days before the annual date of payment.The public utility may prescribe reasonable forms for the notice andmay require that these forms be used for the notice to be effective. Inthe event the landowner terminates this election, the public utilityshall pay the landowner in a single payment the difference betweenthe lump sum and the total of all annual payments previously paid bythe public utility. Upon the landowner's receipt of this payment, thepublic utility's payment obligations cease.
(i) If a landowner sells the landowner's entire interest in theservient estate, the landowner shall give the public utility prompt
notarized written notice of the sale, together with a copy of the deedspecifying the name and address of the landowner's successor ininterest. If the public utility receives the notice less than ninety (90)days before the date of an annual payment, the public utility maymake this annual payment to the landowner but must make allsuccessive payments to the landowner's successors and assigns.
(j) If a landowner sells less than the landowner's entire interest inthe servient estate, the public utility may continue to make the annualpayments to the landowner.
(k) A public utility shall make annual payments to the landowneronly for the time the servient estate continues to be zoned or used foragricultural purposes. If the servient estate is no longer zoned or usedfor agricultural purposes, the public utility shall pay to the landownerthe difference between the lump sum and the total of all annualpayments previously paid by the public utility. Upon the landowner'sreceipt of this payment, the public utility's payment obligationscease.
(l) This section is binding upon the heirs, successors, and assignsof the landowner and the public utility.
(m) Every offer of a public utility under IC 32-24-1-5 andIC 32-24-1-12 must include the following statement in at least ten(10) point boldface type capital letters:
"IF THIS OFFER IS OVER FIVE THOUSAND DOLLARS($5,000), YOU MAY ELECT UNDER IC 32-24-4-4 TOACCEPT PAYMENT IN A LUMP SUM PAYMENT OR INANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEEDTWENTY (20) YEARS WITH INTEREST. IF YOU ELECTANNUAL PAYMENTS, THEN POSSESSION WILL BEREQUIRED THIRTY (30) DAYS AFTER YOU HAVERECEIVED YOUR FIRST ANNUAL PAYMENT.".
(n) Every offer of a public utility under IC 32-24-1-5 andIC 32-24-1-12 must also include a form to be used by the landownerto accept the offer that substantially contains the following:
ACCEPTANCE OF OFFER
I (We),_____________,_______________,_________________,
landowner(s) of the above described property or interest in propertyhereby accept the offer of $_____ made by _________________(condemnor) on this ___ day of ___________, 20___. Please checkone of the following if the offer is in excess of five thousand dollars($5,000):
( ) I (We) elect to accept payment in a lump sum.
( ) I (We) elect to accept payment in annual payments for a periodof ____ years with interest as determined under IC 32-24-4-4.
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NOTARY'S CERTIFICATE
STATE OF __________ )
)SS:COUNTY OF_________ )
Subscribed and sworn to before me this ___ day of____________, 20___. My Commission Expires: ____________
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(Signature)
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(Printed) NOTARY PUBLIC.
As added by P.L.2-2002, SEC.9.