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 electrical
energy, gas, oil, petroleum, water, heat, steam, hydraulic power,
or communications by telegraph or telephone to the public or to
any town or city; or
(2) construct, maintain or operate turnpikes, toll bridges, canals,
public landings, wharves, ferries, dams, aqueducts, street
railways, or interurban railways for the use of the public or for
the use of any town or city;
may take, acquire, condemn, and appropriate land, real estate, or any
interest in the land or real estate to accomplish the essential delivery
of 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 the
property is taken. A person acting under subsection (a) may use
acquired, condemned, or appropriated land to construct railroad
siding, switch, or industrial tracks connecting its plant or facilities
with 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, and
appropriate a fee simple estate, title, and interest in an amount of
land as the condemnor considers necessary for the condemnor's
proper uses and purposes. However, for rights-of-way, the
condemnor shall take, acquire, condemn, and appropriate an
easement. 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 and
easements in land authorized under this chapter shall be made under
IC 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 in
servient estate; statement in offer; acceptance of offer
Sec. 4. (a) This section applies to a public utility that appropriates
by condemnation procedures an easement for right-of-way purposes
on 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 in
excess of five thousand dollars ($5,000), the owner of the land may
elect to accept as compensation either a lump sum payment or annual
payments for a period not to exceed twenty (20) years.
(c) The landowner must elect either the lump sum payment or the
annual payment method at the time the landowner:
(1) accepts the public utility's offer under IC 32-24-1-5 or
IC 32-24-1-12 to purchase an easement;
(2) accepts the appraisers' award; or
(3) is awarded damages by a judgment in a proceeding under
this article.
The grant of easement or judgment, whichever is applicable, must
state the method of payment the landowner has elected to receive.
(d) If the land is owned by more than one (1) person, the election
to receive annual payments must be unanimous among all record
owners to be binding upon the public utility.
(e) Selection of the lump sum method of payment irrevocably
binds the landowner and the landowner's successors in interest.
(f) The annual amount payable must be equal to the lump sum
payment that would have otherwise been made by the utility divided
by the number of years the landowner elects to receive the annual
payments plus interest at a rate agreed upon by the public utility and
the landowner on the balance remaining at the end of each year. The
public utility shall make the annual payment as close as practicable
to the date of the landowner's acceptance of the public utility's offer
or the date of the judgment granting the utility the easement. If the
public utility and the landowner are unable to agree upon the interest
rate, the interest rate shall be the average annual effective interest
rate for all new Federal Land Bank Loans, computed on the basis of
the twelve (12) month period immediately preceding the date of
settlement.
(g) A landowner who withdraws the appraisers' award under
IC 32-24-1-11 may receive only a lump sum payment from the clerk
at that time. If the landowner is later awarded a judgment for
damages that exceeds the amount of the appraisers' award, the
landowner may elect either method of compensation only to the
extent that the damages exceed the appraisers' award remaining to be
paid by the public utility as a result of the judgment.
(h) A landowner who elects the annual payment method may
terminate the election by giving notarized written notice to the public
utility at least ninety (90) days before the annual date of payment.
The public utility may prescribe reasonable forms for the notice and
may require that these forms be used for the notice to be effective. In
the event the landowner terminates this election, the public utility
shall pay the landowner in a single payment the difference between
the lump sum and the total of all annual payments previously paid by
the public utility. Upon the landowner's receipt of this payment, the
public utility's payment obligations cease.
(i) If a landowner sells the landowner's entire interest in the
servient estate, the landowner shall give the public utility prompt
notarized written notice of the sale, together with a copy of the deed
specifying the name and address of the landowner's successor in
interest. If the public utility receives the notice less than ninety (90)
days before the date of an annual payment, the public utility may
make this annual payment to the landowner but must make all
successive payments to the landowner's successors and assigns.
(j) If a landowner sells less than the landowner's entire interest in
the servient estate, the public utility may continue to make the annual
payments to the landowner.
(k) A public utility shall make annual payments to the landowner
only for the time the servient estate continues to be zoned or used for
agricultural purposes. If the servient estate is no longer zoned or used
for agricultural purposes, the public utility shall pay to the landowner
the difference between the lump sum and the total of all annual
payments previously paid by the public utility. Upon the landowner's
receipt of this payment, the public utility's payment obligations
cease.
(l) This section is binding upon the heirs, successors, and assigns
of the landowner and the public utility.
(m) Every offer of a public utility under IC 32-24-1-5 and
IC 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 TO
ACCEPT PAYMENT IN A LUMP SUM PAYMENT OR IN
ANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEED
TWENTY (20) YEARS WITH INTEREST. IF YOU ELECT
ANNUAL PAYMENTS, THEN POSSESSION WILL BE
REQUIRED THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED YOUR FIRST ANNUAL PAYMENT.".
(n) Every offer of a public utility under IC 32-24-1-5 and
IC 32-24-1-12 must also include a form to be used by the landowner
to accept the offer that substantially contains the following:
ACCEPTANCE OF OFFER
I (We),_____________,_______________,_________________,
landowner(s) of the above described property or interest in property
hereby accept the offer of $_____ made by _________________
(condemnor) on this ___ day of ___________, 20___. Please check
one 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 period
of ____ years with interest as determined under IC 32-24-4-4.
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
NOTARY'S CERTIFICATE
STATE OF __________ )
)SS:
COUNTY OF_________ )
Subscribed and sworn to before me this ___ day of
____________, 20___. My Commission Expires: ____________
______________________________________________________
(Signature)
_____________________________________________________
(Printed) NOTARY PUBLIC. As added by P.L.2-2002, SEC.9.
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 electrical
energy, gas, oil, petroleum, water, heat, steam, hydraulic power,
or communications by telegraph or telephone to the public or to
any town or city; or
(2) construct, maintain or operate turnpikes, toll bridges, canals,
public landings, wharves, ferries, dams, aqueducts, street
railways, or interurban railways for the use of the public or for
the use of any town or city;
may take, acquire, condemn, and appropriate land, real estate, or any
interest in the land or real estate to accomplish the essential delivery
of 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 the
property is taken. A person acting under subsection (a) may use
acquired, condemned, or appropriated land to construct railroad
siding, switch, or industrial tracks connecting its plant or facilities
with 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, and
appropriate a fee simple estate, title, and interest in an amount of
land as the condemnor considers necessary for the condemnor's
proper uses and purposes. However, for rights-of-way, the
condemnor shall take, acquire, condemn, and appropriate an
easement. 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 and
easements in land authorized under this chapter shall be made under
IC 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 in
servient estate; statement in offer; acceptance of offer
Sec. 4. (a) This section applies to a public utility that appropriates
by condemnation procedures an easement for right-of-way purposes
on 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 in
excess of five thousand dollars ($5,000), the owner of the land may
elect to accept as compensation either a lump sum payment or annual
payments for a period not to exceed twenty (20) years.
(c) The landowner must elect either the lump sum payment or the
annual payment method at the time the landowner:
(1) accepts the public utility's offer under IC 32-24-1-5 or
IC 32-24-1-12 to purchase an easement;
(2) accepts the appraisers' award; or
(3) is awarded damages by a judgment in a proceeding under
this article.
The grant of easement or judgment, whichever is applicable, must
state the method of payment the landowner has elected to receive.
(d) If the land is owned by more than one (1) person, the election
to receive annual payments must be unanimous among all record
owners to be binding upon the public utility.
(e) Selection of the lump sum method of payment irrevocably
binds the landowner and the landowner's successors in interest.
(f) The annual amount payable must be equal to the lump sum
payment that would have otherwise been made by the utility divided
by the number of years the landowner elects to receive the annual
payments plus interest at a rate agreed upon by the public utility and
the landowner on the balance remaining at the end of each year. The
public utility shall make the annual payment as close as practicable
to the date of the landowner's acceptance of the public utility's offer
or the date of the judgment granting the utility the easement. If the
public utility and the landowner are unable to agree upon the interest
rate, the interest rate shall be the average annual effective interest
rate for all new Federal Land Bank Loans, computed on the basis of
the twelve (12) month period immediately preceding the date of
settlement.
(g) A landowner who withdraws the appraisers' award under
IC 32-24-1-11 may receive only a lump sum payment from the clerk
at that time. If the landowner is later awarded a judgment for
damages that exceeds the amount of the appraisers' award, the
landowner may elect either method of compensation only to the
extent that the damages exceed the appraisers' award remaining to be
paid by the public utility as a result of the judgment.
(h) A landowner who elects the annual payment method may
terminate the election by giving notarized written notice to the public
utility at least ninety (90) days before the annual date of payment.
The public utility may prescribe reasonable forms for the notice and
may require that these forms be used for the notice to be effective. In
the event the landowner terminates this election, the public utility
shall pay the landowner in a single payment the difference between
the lump sum and the total of all annual payments previously paid by
the public utility. Upon the landowner's receipt of this payment, the
public utility's payment obligations cease.
(i) If a landowner sells the landowner's entire interest in the
servient estate, the landowner shall give the public utility prompt
notarized written notice of the sale, together with a copy of the deed
specifying the name and address of the landowner's successor in
interest. If the public utility receives the notice less than ninety (90)
days before the date of an annual payment, the public utility may
make this annual payment to the landowner but must make all
successive payments to the landowner's successors and assigns.
(j) If a landowner sells less than the landowner's entire interest in
the servient estate, the public utility may continue to make the annual
payments to the landowner.
(k) A public utility shall make annual payments to the landowner
only for the time the servient estate continues to be zoned or used for
agricultural purposes. If the servient estate is no longer zoned or used
for agricultural purposes, the public utility shall pay to the landowner
the difference between the lump sum and the total of all annual
payments previously paid by the public utility. Upon the landowner's
receipt of this payment, the public utility's payment obligations
cease.
(l) This section is binding upon the heirs, successors, and assigns
of the landowner and the public utility.
(m) Every offer of a public utility under IC 32-24-1-5 and
IC 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 TO
ACCEPT PAYMENT IN A LUMP SUM PAYMENT OR IN
ANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEED
TWENTY (20) YEARS WITH INTEREST. IF YOU ELECT
ANNUAL PAYMENTS, THEN POSSESSION WILL BE
REQUIRED THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED YOUR FIRST ANNUAL PAYMENT.".
(n) Every offer of a public utility under IC 32-24-1-5 and
IC 32-24-1-12 must also include a form to be used by the landowner
to accept the offer that substantially contains the following:
ACCEPTANCE OF OFFER
I (We),_____________,_______________,_________________,
landowner(s) of the above described property or interest in property
hereby accept the offer of $_____ made by _________________
(condemnor) on this ___ day of ___________, 20___. Please check
one 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 period
of ____ years with interest as determined under IC 32-24-4-4.
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
NOTARY'S CERTIFICATE
STATE OF __________ )
)SS:
COUNTY OF_________ )
Subscribed and sworn to before me this ___ day of
____________, 20___. My Commission Expires: ____________
______________________________________________________
(Signature)
_____________________________________________________
(Printed) NOTARY PUBLIC. As added by P.L.2-2002, SEC.9.
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 electrical
energy, gas, oil, petroleum, water, heat, steam, hydraulic power,
or communications by telegraph or telephone to the public or to
any town or city; or
(2) construct, maintain or operate turnpikes, toll bridges, canals,
public landings, wharves, ferries, dams, aqueducts, street
railways, or interurban railways for the use of the public or for
the use of any town or city;
may take, acquire, condemn, and appropriate land, real estate, or any
interest in the land or real estate to accomplish the essential delivery
of 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 the
property is taken. A person acting under subsection (a) may use
acquired, condemned, or appropriated land to construct railroad
siding, switch, or industrial tracks connecting its plant or facilities
with 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, and
appropriate a fee simple estate, title, and interest in an amount of
land as the condemnor considers necessary for the condemnor's
proper uses and purposes. However, for rights-of-way, the
condemnor shall take, acquire, condemn, and appropriate an
easement. 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 and
easements in land authorized under this chapter shall be made under
IC 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 in
servient estate; statement in offer; acceptance of offer
Sec. 4. (a) This section applies to a public utility that appropriates
by condemnation procedures an easement for right-of-way purposes
on 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 in
excess of five thousand dollars ($5,000), the owner of the land may
elect to accept as compensation either a lump sum payment or annual
payments for a period not to exceed twenty (20) years.
(c) The landowner must elect either the lump sum payment or the
annual payment method at the time the landowner:
(1) accepts the public utility's offer under IC 32-24-1-5 or
IC 32-24-1-12 to purchase an easement;
(2) accepts the appraisers' award; or
(3) is awarded damages by a judgment in a proceeding under
this article.
The grant of easement or judgment, whichever is applicable, must
state the method of payment the landowner has elected to receive.
(d) If the land is owned by more than one (1) person, the election
to receive annual payments must be unanimous among all record
owners to be binding upon the public utility.
(e) Selection of the lump sum method of payment irrevocably
binds the landowner and the landowner's successors in interest.
(f) The annual amount payable must be equal to the lump sum
payment that would have otherwise been made by the utility divided
by the number of years the landowner elects to receive the annual
payments plus interest at a rate agreed upon by the public utility and
the landowner on the balance remaining at the end of each year. The
public utility shall make the annual payment as close as practicable
to the date of the landowner's acceptance of the public utility's offer
or the date of the judgment granting the utility the easement. If the
public utility and the landowner are unable to agree upon the interest
rate, the interest rate shall be the average annual effective interest
rate for all new Federal Land Bank Loans, computed on the basis of
the twelve (12) month period immediately preceding the date of
settlement.
(g) A landowner who withdraws the appraisers' award under
IC 32-24-1-11 may receive only a lump sum payment from the clerk
at that time. If the landowner is later awarded a judgment for
damages that exceeds the amount of the appraisers' award, the
landowner may elect either method of compensation only to the
extent that the damages exceed the appraisers' award remaining to be
paid by the public utility as a result of the judgment.
(h) A landowner who elects the annual payment method may
terminate the election by giving notarized written notice to the public
utility at least ninety (90) days before the annual date of payment.
The public utility may prescribe reasonable forms for the notice and
may require that these forms be used for the notice to be effective. In
the event the landowner terminates this election, the public utility
shall pay the landowner in a single payment the difference between
the lump sum and the total of all annual payments previously paid by
the public utility. Upon the landowner's receipt of this payment, the
public utility's payment obligations cease.
(i) If a landowner sells the landowner's entire interest in the
servient estate, the landowner shall give the public utility prompt
notarized written notice of the sale, together with a copy of the deed
specifying the name and address of the landowner's successor in
interest. If the public utility receives the notice less than ninety (90)
days before the date of an annual payment, the public utility may
make this annual payment to the landowner but must make all
successive payments to the landowner's successors and assigns.
(j) If a landowner sells less than the landowner's entire interest in
the servient estate, the public utility may continue to make the annual
payments to the landowner.
(k) A public utility shall make annual payments to the landowner
only for the time the servient estate continues to be zoned or used for
agricultural purposes. If the servient estate is no longer zoned or used
for agricultural purposes, the public utility shall pay to the landowner
the difference between the lump sum and the total of all annual
payments previously paid by the public utility. Upon the landowner's
receipt of this payment, the public utility's payment obligations
cease.
(l) This section is binding upon the heirs, successors, and assigns
of the landowner and the public utility.
(m) Every offer of a public utility under IC 32-24-1-5 and
IC 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 TO
ACCEPT PAYMENT IN A LUMP SUM PAYMENT OR IN
ANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEED
TWENTY (20) YEARS WITH INTEREST. IF YOU ELECT
ANNUAL PAYMENTS, THEN POSSESSION WILL BE
REQUIRED THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED YOUR FIRST ANNUAL PAYMENT.".
(n) Every offer of a public utility under IC 32-24-1-5 and
IC 32-24-1-12 must also include a form to be used by the landowner
to accept the offer that substantially contains the following:
ACCEPTANCE OF OFFER
I (We),_____________,_______________,_________________,
landowner(s) of the above described property or interest in property
hereby accept the offer of $_____ made by _________________
(condemnor) on this ___ day of ___________, 20___. Please check
one 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 period
of ____ years with interest as determined under IC 32-24-4-4.
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
NOTARY'S CERTIFICATE
STATE OF __________ )
)SS:
COUNTY OF_________ )
Subscribed and sworn to before me this ___ day of
____________, 20___. My Commission Expires: ____________
______________________________________________________
(Signature)
_____________________________________________________
(Printed) NOTARY PUBLIC. As added by P.L.2-2002, SEC.9.
