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 feesimple title to public or private real property, rights, or easementsneeded or reasonably necessary for a state highway includes the rightto acquire real property or a right in, to, or over real property owned,held, or claimed by a city, town, township, county, schoolcorporation or other municipal corporation, or political subdivisionof the state, public corporation, instrumentality, or agency supportedin 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 ownerof real property or a right described in section 1 of this chapter uponthe damages sustained by the owner or upon the purchase price of thereal property in fee or the right, interest, or easement sought to beacquired, the department may proceed in the name of the state in theexercise of the right of eminent domain to condemn and acquire thereal 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 andother political subdivision of the state, public corporation,instrumentality, or agency supported in whole or part by taxationmay convey and grant to the state for the use and benefit of thedepartment, by voluntary conveyance or grant, with or withoutconsideration, any real property or rights in or to real propertyneeded 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 soughtto be acquired by the department is real property, or a right orinterest in real property that was acquired by the county,municipality, or political subdivision after the real property or righthad been unsuccessfully offered for sale for delinquent taxes, andhad been acquired by or for the county for the delinquent taxes underthe law the purchase price or condemnation award paid by thedepartment to the county, municipality, or political subdivision maynot exceed the amount of the delinquent and general taxes due at thetime it was acquired by the county, municipality, or politicalsubdivision, excluding penalties and not including any current taxes

becoming due and payable in the year in which acquired by the statefor highway use. A county shall convey and transfer real property, aright or interest in real property to the state for the use of thedepartment for consideration whenever requested to do so by thedepartment. The consideration paid by the department shall bedistributed among the several subdivisions of government in themanner provided by IC 6-1.1, as other collections of delinquent taxesare distributed.
As added by P.L.18-1990, SEC.227.

IC 8-23-18-5
Tax delinquent lands; acquisition after assertion of right ofredemption
    Sec. 5. If a right of redemption exists in the owner of a interest inreal property described in section 4 of this chapter that is asserted inthe time and manner allowed and permitted by law, it shall be treatedas any other private interest in real property acquired for public useby the department. However, if the county or municipality has placedany improvements upon the real property after acquiring the realproperty, the department shall pay the reasonable value of theimprovements. If the reasonable value of the improvements cannotbe determined by agreement, the department may proceed in thename of the state in the exercise of the right of eminent domain tocondemn 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 taxationare hereby declared to be valid and of full force and effect.
As added by P.L.18-1990, SEC.227.