IC 8-23-17-1 "Agency" defined
Sec. 1. As used in this chapter, "agency" means a department,
board, commission, office, or instrumentality of the state, including
a state supported college or university, or of a political subdivision
of the state. As added by P.L.18-1990, SEC.226.
IC 8-23-17-2 "Agency head" defined
Sec. 2. As used in this chapter, "agency head" means the
governing body or principal executive officer of an agency, or a duly
designated delegate of the governing body or principal executive
officer. As added by P.L.18-1990, SEC.226.
IC 8-23-17-3 "Displaced person", "displaced", and "displacement" defined
Sec. 3. As used in this chapter, "displaced person" or "displaced"
or "displacement" with reference to a person, means a person who
moves from real property, or moves personal property from real
property, because of the acquisition of the real property and the
improvements located on the real property, or the partial acquisition
of real property to the extent that continued use by the owner or
occupant is rendered impossible or impracticable, or as the result of
the written order of the acquiring agency to vacate the real property
intended to be acquired by the agency, or as the result of an order
issued by an agency engaged in code enforcement activities to vacate
the real property. Solely for purposes of sections 13, 14, 18, 19, 20,
21, 22, 23, and 24 of this chapter, the terms also include a person
who moves from real property as a result of the acquisition of, or
written order of the acquiring agency to vacate, other real property
on which the person conducts a business or farm operation. When
two (2) or more individuals living together in a single family
dwelling are displaced from the dwelling, they are regarded as one
(1) displaced person for purposes of this chapter, except that each
individual may receive a payment for actual moving expenses and
losses under section 13 of this chapter. As added by P.L.18-1990, SEC.226.
IC 8-23-17-4 "Business" defined
Sec. 4. As used in this chapter, "business" means any lawful
activity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease, and rental of personal and real
property, and for the manufacture, processing, or marketing of
products, commodities, or any other personal property;
(2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 13 of this chapter, for
assisting in the purchase, sale, resale, manufacture, processing,
or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor
advertising display or displays, whether or not the display or
displays are located on the premises on which any of the above
activities are conducted. As added by P.L.18-1990, SEC.226.
IC 8-23-17-5 "Farm operation" defined
Sec. 5. As used in this chapter, "farm operation" means any
activity conducted solely or primarily for the production of one (1)
or more agricultural products or commodities, including timber, for
sale or home use, and customarily producing products or
commodities in sufficient quantity to be capable of contributing
materially to the operator's support. As added by P.L.18-1990, SEC.226.
IC 8-23-17-6 "Dwelling" defined
Sec. 6. As used in this chapter, "dwelling" means any room, suite
of rooms, apartment, trailer, or house occupied or intended to be
occupied as a personal residence by one (1) family or by one (1) or
more individuals utilizing the same kitchen facilities. The term does
not include a single sleeping room without kitchen facilities. As added by P.L.18-1990, SEC.226.
IC 8-23-17-7 "Adequate replacement dwelling" defined
Sec. 7. As used in this chapter, "adequate replacement dwelling"
means a dwelling that is:
(1) at least comparable in essential accommodations and value
to the dwelling acquired by the agency;
(2) a decent, safe, and sanitary dwelling meeting all minimum
requirements of applicable building, housing, and fire
prevention codes;
(3) located in an area not generally less desirable than the area
in which the dwelling acquired by the agency is located, in
regard to public utilities and public and commercial facilities;
(4) reasonably accessible to the principal place of employment
of the head of the household;
(5) available for purchase or rental on the private market; and
(6) available for purchase or rental at a price or rent within the
financial means of the displaced person. A dwelling available
for purchase is considered to be within the financial means of
a person only if, after taking into account that part of the
acquisition cost paid to the displaced person plus any payment
made under section 16 or 17 of this chapter, a loan commitment
may be obtained from a lending institution, with or without the
aid of any federal or other program of loan insurance, in the
principal amount equal to the balance of the purchase price of
the replacement dwelling. As added by P.L.18-1990, SEC.226.
IC 8-23-17-8 "Gross monthly income" defined
Sec. 8. As used in this chapter, "gross monthly income" means the
average of such income during the twelve (12) month period
immediately preceding displacement and includes income from all
sources whether or not such income is taxable under any state or
federal law, and also includes any public assistance received under
the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other law of this state administered by the division of
family resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.82; P.L.145-2006, SEC.21; P.L.161-2007, SEC.2.
IC 8-23-17-9 "Person" and "owner" defined
Sec. 9. As used in this chapter, "person" and "owner" include any
individual, partnership, corporation, limited liability company, or
association. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.163.
IC 8-23-17-10 "Owner" defined
Sec. 10. As used in this chapter, "owner" as applied to real
property means the person or persons holding legal title to the
property as shown by the records of the county recorder of the
county in which the real property is situated, or the person or persons
entitled as vendee under a land contract to receive conveyance of the
legal title upon payment of a specified purchase price. As added by P.L.18-1990, SEC.226.
IC 8-23-17-11 "Code enforcement" defined
Sec. 11. As used in this chapter, "code enforcement" means any
project or program for the elimination or prevention of the
development or spread of deteriorated or deteriorating areas through
a systematic inspection of buildings and structures in an area and the
enforcement of codes or ordinances establishing standards for the
condition and maintenance of dwellings, buildings, or premises as
safe, sanitary, and fit for human habitation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-12 Payments; applicable provisions
Sec. 12. The following provisions apply to payments by the
department of transportation under this chapter:
(1) A payment by the department under section 13(3) or 14 of
this chapter may not exceed the maximum allowances provided
by federal law for persons displaced by federal programs or
projects.
(2) A payment by the department under section 15 of this
chapter must be in the amount of the allowance provided by
federal law for persons displaced by federal programs or
projects.
(3) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for a person
who is displaced from a dwelling actually owned and occupied
by the displaced person for not less than one hundred eighty
(180) days before the initiation of negotiations for the
acquisition of the property. This payment may not exceed the
maximum allowances provided by federal law for persons
displaced by federal programs or projects and must include the
following elements:
(A) The amount, if any, that when added to the
compensation for the dwelling acquired by the department
equals the reasonable cost of a comparable replacement
dwelling that is a decent, safe, and sanitary dwelling
adequate to accommodate the displaced person, reasonably
accessible to public services and places of employment, and
available on the private market.
(B) The amount, if any, that will compensate the displaced
person for any increased interest costs that the person is
required to pay for financing the acquisition of any
comparable replacement dwelling. The amount shall be paid
only if the dwelling acquired was encumbered by a bona fide
mortgage that was a valid lien on the dwelling for not less
than one hundred eighty (180) days before the initiation of
negotiations for the acquisition of the dwelling. The amount
must be equal to the excess in the aggregate interest and
other debt service costs of that amount of the principal of the
mortgage on the replacement dwelling that is equal to the
unpaid balance of the mortgage on the acquired dwelling
over the remaining term of the mortgage on the acquired
dwelling, reduced to discounted present value.
(C) Reasonable expenses incurred by the displaced person
for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
The additional payment authorized by this section shall be made
only to a displaced person who purchases and occupies a
replacement dwelling, which is decent, safe, and sanitary, not
later than the end of the one (1) year period beginning on the
date on which the displaced person receives final payment of all
costs of the acquired dwelling or moves from the acquired
dwelling, whichever is later.
(4) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for any
person displaced from any dwelling not eligible to receive a
payment under subdivision (3) if the dwelling was actually and
lawfully occupied by the displaced person for not less than
ninety (90) days before the initiation of negotiations for
acquisition of the dwelling. The payment must be either:
(A) the amount necessary to enable the displaced person to
lease or rent for a period not to exceed four (4) years a
decent, safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable
in regard to public utilities and public and commercial
facilities, and reasonably accessible to the person's place of
employment, but not to exceed the maximum amount
provided by federal law for persons displaced by federal
programs or projects; or
(B) the amount necessary to enable the person to make a
down payment (including incidental expenses described in
subdivision (3)(C)) on the purchase of a decent, safe, and
sanitary dwelling of standards adequate to accommodate the
person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, in the
amount and on the conditions provided by federal law for
persons displaced by federal programs or projects. As added by P.L.18-1990, SEC.226.
IC 8-23-17-13 Compensation for expenses and losses
Sec. 13. Whenever the acquisition of real property for a project
undertaken by an agency, or a program of code enforcement by an
agency in the state, will result in the displacement of any person, the
agency shall make a payment to a displaced person, upon proper
application as approved by the agency head, for:
(1) actual reasonable expenses in moving the person, the
person's family, business, farm operation, or personal property;
(2) actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but
not to exceed an amount equal to the reasonable expenses that
would have been required to relocate the property, as
determined by the head of the agency; and
(3) except as provided in section 12(1) of this chapter, actual
reasonable expenses in searching for a replacement business or
farm, not to exceed a maximum of five hundred dollars ($500). As added by P.L.18-1990, SEC.226.
IC 8-23-17-14 Moving expense and dislocation allowances
Sec. 14. A displaced person eligible for payments under section
13 of this chapter who is displaced from a dwelling and who elects
to accept the payments authorized by this section in lieu of the
payments authorized by section 13 may receive a moving expense
allowance and a dislocation allowance determined according to a
schedule established by the agency head. The schedule may establish
a graduated scale of payments based upon size or kind of business or
farm operation, size of dwelling, number of persons in family, or
other appropriate factors. Except as provided in section 12(1) of this
chapter, the payment shall not exceed a moving expense allowance
of three hundred dollars ($300) and a dislocation allowance of two
hundred dollars ($200). As added by P.L.18-1990, SEC.226.
IC 8-23-17-15 Payment based on average annual net earnings
Sec. 15. (a) A displaced person eligible for payment under section
13 of this chapter who is displaced from a place of business or farm
operation and elects to accept the payment authorized by this section
in lieu of the payment authorized by section 13 of this chapter may
receive a fixed payment in an amount equal to the average annual net
earnings of the business or farm operation. However, except as
provided in section 12(2) of this chapter, the payment shall not be
more than five thousand dollars ($5,000). In the case of a business,
no payment shall be made under this section unless the agency head
is satisfied that the business:
(1) cannot be relocated without a substantial loss of its existing
patronage; and
(2) is not a part of a commercial enterprise having at least one
(1) other establishment not being acquired by the agency and
which is engaged in the same or similar business.
(b) For purposes of this section, "average annual net earnings"
means one-half (1/2) of any net earnings of the business or farm
operation, before federal, state, and local income taxes, during the
two (2) taxable years immediately preceding the taxable year in
which the business or farm operation moves from the real property
acquired by the agency. The term includes any compensation paid by
the business or farm operation to the owner, the owner's spouse, or
dependents during the period. As added by P.L.18-1990, SEC.226.
IC 8-23-17-16 Allowance for lease or rental of adequate replacement dwelling
Sec. 16. Except as provided in section 12(3) and 12(4) of this
chapter, and in addition to payments otherwise authorized by this
chapter, the agency shall make a payment to or for the benefit of a
displaced person from a dwelling actually and lawfully occupied by
the displaced person for not less than ninety (90) days prior to
commencement of code enforcement activities for, or the initiation
of negotiations for acquisition of, the dwelling. The payment shall be
an amount, not to exceed two thousand five hundred dollars ($2,500),
necessary to enable the displaced person to lease or rent an adequate
replacement dwelling for a period not to exceed two (2) years, less
an amount equal to twenty percent (20%) of the gross monthly
income of the displaced person averaged over the previous twelve
(12) month period multiplied by twenty-four (24), determined at the
time of displacement. As added by P.L.18-1990, SEC.226.
IC 8-23-17-17 Allowance for down payment and closing costs for purchase of
adequate replacement dwelling
Sec. 17. (a) In lieu of the amount determined under section 16 of
this chapter, the agency may make a payment to the displaced person
in an amount necessary to enable the person to make a down
payment on the purchase of an adequate replacement dwelling, not
in excess of two thousand five hundred dollars ($2,500).
(b) In addition to any payment payable under subsection (a), the
agency shall pay reasonable expenses incurred by the displaced
person for evidence of title, recording fees, and other closing costs
incidental to the purchase of the replacement dwelling, but not
including prepaid expenses. As added by P.L.18-1990, SEC.226.
IC 8-23-17-18 Relocation advisory assistance program
Sec. 18. Whenever acquisition of, or code enforcement upon, real
property by an agency will result in the displacement of a person, the
agency shall provide a relocation assistance advisory program for
displaced persons which shall offer the services described in section
20 of this chapter. If the agency determines that a person occupying
property immediately adjacent to the real property acquired is caused
substantial economic injury because of the acquisition, it may offer
that person relocation advisory services under the program. As added by P.L.18-1990, SEC.226.
IC 8-23-17-19 Cooperation with other agencies
Sec. 19. An agency causing displacement of a person shall
cooperate to the maximum feasible extent with federal, state, or local
agencies administering programs that may be of assistance to
displaced persons, in order to assure that displaced persons receive
the maximum assistance available to them. As added by P.L.18-1990, SEC.226.
IC 8-23-17-20 Relocation assistance advisory programs; measures, facilities, and
services
Sec. 20. Each relocation assistance advisory program required by
section 18 of this chapter shall include measures, facilities, or
services as may be necessary or appropriate in order to:
(1) determine the need, if any, of displaced persons for
relocation assistance;
(2) provide current and continuing information on the
availability, prices, and rentals, of comparable decent, safe, and
sanitary sales and rental housing, and of comparable
commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time prior to
displacement, there will be available in areas not generally less
desirable in regard to public utilities and public and commercial
facilities and at rents or prices within the means of the families
and individuals displaced, decent, safe, and sanitary dwellings,
as defined by the agency head, equal in number to the number
of and available to the displaced persons who require dwellings
and reasonably accessible to their places of employment, except
that the governor may establish by executive order situations
when the assurances may be waived;
(4) assist a displaced person displaced from a business or farm
operation in obtaining and becoming established in a suitable
replacement location;
(5) supply information concerning federal or state housing
programs, disaster loan programs, and other federal or state
programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order
to minimize hardships to the persons in adjusting to relocation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-21 Coordination with government community actions
Sec. 21. Agencies shall coordinate relocation activities with
project work and with other planned or proposed governmental
actions in the community or nearby areas that may affect the carrying
out of relocation assistance programs. As added by P.L.18-1990, SEC.226.
IC 8-23-17-22 Service contracts; use of other agencies
Sec. 22. (a) To prevent unnecessary expense and duplication of
functions, and to promote uniform and effective administration of
relocation assistance programs for displaced persons under this
chapter, an agency required by this chapter to make relocation
payments to displaced persons or to establish relocation assistance
advisory programs may enter into contract with an individual, firm,
limited liability company, or corporation for services in connection
with the programs, or may carry out its functions under this chapter
through any federal, state, or local governmental agency or
instrumentality having an established organization for conducting
relocation assistance programs. The contract may delegate authority
to make a determination required to be made by the agency head with
respect to eligibility for an amount of relocation assistance payments,
availability of adequate replacement dwellings, or other matters
required to be determined under this chapter, subject to review of
determinations by the agency head and as provided in section 33 of
this chapter.
(b) An agency acquiring property or displacing persons within a
city or county that has established a governmental agency to provide
relocation assistance to persons displaced from dwellings or
businesses, whether or not the acquiring or enforcing agency is
engaged in a program using federal financial assistance, may use the
services and facilities of the county or city relocation agency in
performing its obligations and in making the determinations required
under this chapter to the maximum feasible extent permitted by
applicable federal law or regulations. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.164. IC 8-23-17-23 Rules and procedures; establishment
Sec. 23. Each agency head is authorized to establish rules and
procedures as necessary to assure the following:
(1) The payments and assistance authorized by this chapter shall
be administered in a manner that is fair and reasonable, as
uniformly as practicable.
(2) A displaced person who makes application for a payment
authorized for such person under this chapter shall be paid
promptly after a move or, in hardship cases, be paid in advance.
(3) A person aggrieved by a determination as to eligibility for
a payment authorized by this chapter or the amount of a
payment, may have the application reviewed by the agency
head. As added by P.L.18-1990, SEC.226.
IC 8-23-17-24 Rules and provisions; adoption by agency heads and governor
Sec. 24. Each agency head may adopt rules and procedures,
consistent with this chapter, as necessary or appropriate to carry out
its purposes. The governor may, with the approval of the attorney
general, adopt uniform rules and procedures, including uniform
schedules of payments under section 14 of this chapter and standards
for the determination of payments under sections 16 and 17 of this
chapter. The rules must be uniform and applicable to all agencies
subject to this chapter. In adopting rules the governor, or the agency
head if the governor has not adopted rules, shall consult with federal
agencies administering relocation assistance programs under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601-4655) to promote uniform and
effective administration of relocation assistance and land acquisition
by all governmental agencies acquiring property in Indiana. As added by P.L.18-1990, SEC.226.
IC 8-23-17-25 Policy guidelines
Sec. 25. All agencies shall, to the greatest extent practicable, be
guided by the following policies:
(1) The agency shall make every reasonable effort to acquire
expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or a designated representative shall
be given an opportunity to accompany the appraiser during the
inspection of the property.
(3) Before the initiation of negotiations for real property, the
agency concerned shall establish an amount that it believes to
be just compensation and shall make a prompt offer to acquire
the property for the full amount established. The amount may
not be less than the agency's approved appraisal of the fair
market value of the property. A decrease or increase in the fair
market value of real property before the date of valuation
caused by the public improvement for which the property is
acquired, or by the likelihood that the property would be
acquired for the improvement, other than that due to physical
deterioration within the reasonable control of the owner, will be
disregarded in determining the compensation for the property.
The agency concerned shall provide the owner of real property
to be acquired with a written statement of, and summary of the
basis for, the amount it established as just compensation. Where
appropriate the just compensation for the real property acquired
and for damages to remaining real property shall be separately
stated.
(4) An owner is not required to surrender possession of real
property before the agency concerned pays the agreed purchase
price, or deposits with the court in eminent domain proceedings
for the benefit of the owner, the amount of the award of the
appraisers in the eminent domain proceeding for the property.
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, a
person lawfully occupying real property is not required to move
from a dwelling (assuming an adequate replacement dwelling
will be available) or to move a business or farm operation
without at least ninety (90) days written notice from the agency
concerned of the date by which the move is required.
(6) If the agency permits an owner or tenant to occupy the real
property acquired on a rental basis for a short term or for a
period subject to termination by the agency on short notice, the
amount of rent required may not exceed the fair rental value of
the property to a short-term occupier.
(7) The agency may not advance the time of condemnation, or
defer negotiations or condemnation and the deposit of funds in
court for the use of the owner, or take any other action coercive
in nature, to compel an agreement on the price to be paid for the
property.
(8) If any interest in real property is to be acquired by exercise
of the power of eminent domain, the agency concerned shall
institute formal condemnation proceedings. An agency may not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of the owner's real
property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the agency concerned shall
offer to acquire the entire property. As added by P.L.18-1990, SEC.226.
IC 8-23-17-26 Reimbursement of conveyance expenses, penalties, and real
property taxes
Sec. 26. The acquiring agency, as soon as practicable after the
date of payment of the purchase price or the date of deposit in court
of funds to satisfy the award of compensation in eminent domain
proceedings to acquire real property, whichever is the earlier, shall
reimburse the owner, to the extent the agency head deems fair and
reasonable, for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the agency;
(2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering the real
property; and
(3) the pro rata portion of real property taxes paid that are
allocable to a period subsequent to the date of vesting title in
the agency or the effective date of possession of the real
property by the agency, whichever is the earlier. As added by P.L.18-1990, SEC.226.
IC 8-23-17-27 Awards for condemnation proceeding expenses
Sec. 27. (a) The court having jurisdiction of a proceeding
instituted by an agency to acquire real property by eminent domain
shall award the owner of a right, or title to, or interest in, the real
property the sum that will in the opinion of the court reimburse the
owner for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the real
property by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by the
agency for whose benefit the eminent domain proceedings were
instituted.
(c) The court rendering a judgment for the plaintiff in a
proceeding brought under IC 32-24-1-16 or any other Indiana law
providing for the institution of proceedings by the owner seeking just
compensation for property taken for public use in awarding
compensation for the taking of property by an agency, or the agency
effecting a settlement of a proceeding, shall determine and award or
allow to the plaintiff, as a part of the judgment or settlement a sum
that will in the opinion of the court or the agency reimburse the
plaintiff for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the proceeding. As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002,
SEC.49.
IC 8-23-17-28 Adequate replacement dwelling requirement
Sec. 28. A person is not required to move from the person's
dwelling by an agency acquiring the dwelling or engaged in a code
enforcement program unless the agency head has determined that an
adequate replacement dwelling is available to the person.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-29 Effect of chapter
Sec. 29. (a) Section 25 of this chapter does not create a legal right
or liability and does not affect the validity of property acquisitions
by purchase or condemnation.
(b) This chapter does not create an element of value or damages
not in existence before April 16, 1971, in any proceedings brought
under the power of eminent domain. As added by P.L.18-1990, SEC.226.
IC 8-23-17-30 Federal assistance; compliance with federal law
Sec. 30. An agency acquiring real property or engaging in code
enforcement activities under a program under which federal financial
assistance is or will be available to pay the cost of the program is
authorized to enter into an agreement with the appropriate federal
agency under which the agency agrees to provide relocation
assistance services and payments as required or authorized under the
Uniform Relocation Assistance and Land Acquisition Policies Act
of 1970 (42 U.S.C. 4601-4655) and to use available federal funds.
The agency using federal financial assistance may make contracts
and expenditures, and act, make rules, orders, and findings as
necessary to comply with the federal law and the related rules,
regulations, and interpretations promulgated by the appropriate
federal agencies. As added by P.L.18-1990, SEC.226.
IC 8-23-17-31 Federal assistance; noncompliance with chapter
Sec. 31. An agency acquiring real property or engaging in code
enforcement activities with federal financial assistance or acquiring
real property reasonably anticipating that federal funds might be used
to reimburse the cost of construction or other activity for which the
real property is acquired and that is subject to the requirements of the
Federal Uniform Relocations Assistance and Real Property
Acquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is not
required to make relocation payments or provide relocation
assistance programs under this chapter, or to comply with any
procedures or rules under this chapter that are inconsistent with
applicable federal law or regulations if the agency complies with all
applicable federal law and regulations relating to relocation
payments and assistance for persons displaced by the project. As added by P.L.18-1990, SEC.226.
IC 8-23-17-32 Tax exemptions; effect of payments on public assistance eligibility
Sec. 32. (a) All amounts paid to displaced persons under this
chapter are exempt from taxation under IC 6-3.
(b) A payment received under this chapter is not considered as
income for the purpose of determining the eligibility or extent of
eligibility of any person for public assistance under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other Indiana law administered by the division of family
resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.83; P.L.192-2002(ss), SEC.151; P.L.145-2006, SEC.22;
P.L.161-2007, SEC.3.
IC 8-23-17-33 Review of determination
Sec. 33. A person aggrieved by a determination made by an
agency head under this chapter may have the determination reviewed
by the governing body or principal executive officer of the agency.
A final determination of the agency is subject to judicial review
under IC 4-21.5-5. As added by P.L.18-1990, SEC.226.
IC 8-23-17-34 Waiver of eminent domain power; notice to property owner
Sec. 34. This chapter is not applicable to the purchase of a parcel
of real property by an agency if the agency head gives notice in
writing to the owner of the property not later than the date of its first
offer to purchase the property that the agency will not exercise a
right it may have to acquire the property through exercise of the
power of eminent domain. Proceedings in eminent domain may not
thereafter be instituted by the agency with respect to the real property
unless the notice is expressly revoked in writing. If the notice is
revoked, the provisions of this chapter are applicable as if the agency
had not given notice under this section. As added by P.L.18-1990, SEC.226.
IC 8-23-17-35 Financing of payments
Sec. 35. Funds appropriated or otherwise available to an agency
for the acquisition of real property or an interest in real property or
for the conduct of code enforcement programs shall also be available
to carry out this chapter. As added by P.L.18-1990, SEC.226.
IC 8-23-17-1 "Agency" defined
Sec. 1. As used in this chapter, "agency" means a department,
board, commission, office, or instrumentality of the state, including
a state supported college or university, or of a political subdivision
of the state. As added by P.L.18-1990, SEC.226.
IC 8-23-17-2 "Agency head" defined
Sec. 2. As used in this chapter, "agency head" means the
governing body or principal executive officer of an agency, or a duly
designated delegate of the governing body or principal executive
officer. As added by P.L.18-1990, SEC.226.
IC 8-23-17-3 "Displaced person", "displaced", and "displacement" defined
Sec. 3. As used in this chapter, "displaced person" or "displaced"
or "displacement" with reference to a person, means a person who
moves from real property, or moves personal property from real
property, because of the acquisition of the real property and the
improvements located on the real property, or the partial acquisition
of real property to the extent that continued use by the owner or
occupant is rendered impossible or impracticable, or as the result of
the written order of the acquiring agency to vacate the real property
intended to be acquired by the agency, or as the result of an order
issued by an agency engaged in code enforcement activities to vacate
the real property. Solely for purposes of sections 13, 14, 18, 19, 20,
21, 22, 23, and 24 of this chapter, the terms also include a person
who moves from real property as a result of the acquisition of, or
written order of the acquiring agency to vacate, other real property
on which the person conducts a business or farm operation. When
two (2) or more individuals living together in a single family
dwelling are displaced from the dwelling, they are regarded as one
(1) displaced person for purposes of this chapter, except that each
individual may receive a payment for actual moving expenses and
losses under section 13 of this chapter. As added by P.L.18-1990, SEC.226.
IC 8-23-17-4 "Business" defined
Sec. 4. As used in this chapter, "business" means any lawful
activity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease, and rental of personal and real
property, and for the manufacture, processing, or marketing of
products, commodities, or any other personal property;
(2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 13 of this chapter, for
assisting in the purchase, sale, resale, manufacture, processing,
or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor
advertising display or displays, whether or not the display or
displays are located on the premises on which any of the above
activities are conducted. As added by P.L.18-1990, SEC.226.
IC 8-23-17-5 "Farm operation" defined
Sec. 5. As used in this chapter, "farm operation" means any
activity conducted solely or primarily for the production of one (1)
or more agricultural products or commodities, including timber, for
sale or home use, and customarily producing products or
commodities in sufficient quantity to be capable of contributing
materially to the operator's support. As added by P.L.18-1990, SEC.226.
IC 8-23-17-6 "Dwelling" defined
Sec. 6. As used in this chapter, "dwelling" means any room, suite
of rooms, apartment, trailer, or house occupied or intended to be
occupied as a personal residence by one (1) family or by one (1) or
more individuals utilizing the same kitchen facilities. The term does
not include a single sleeping room without kitchen facilities. As added by P.L.18-1990, SEC.226.
IC 8-23-17-7 "Adequate replacement dwelling" defined
Sec. 7. As used in this chapter, "adequate replacement dwelling"
means a dwelling that is:
(1) at least comparable in essential accommodations and value
to the dwelling acquired by the agency;
(2) a decent, safe, and sanitary dwelling meeting all minimum
requirements of applicable building, housing, and fire
prevention codes;
(3) located in an area not generally less desirable than the area
in which the dwelling acquired by the agency is located, in
regard to public utilities and public and commercial facilities;
(4) reasonably accessible to the principal place of employment
of the head of the household;
(5) available for purchase or rental on the private market; and
(6) available for purchase or rental at a price or rent within the
financial means of the displaced person. A dwelling available
for purchase is considered to be within the financial means of
a person only if, after taking into account that part of the
acquisition cost paid to the displaced person plus any payment
made under section 16 or 17 of this chapter, a loan commitment
may be obtained from a lending institution, with or without the
aid of any federal or other program of loan insurance, in the
principal amount equal to the balance of the purchase price of
the replacement dwelling. As added by P.L.18-1990, SEC.226.
IC 8-23-17-8 "Gross monthly income" defined
Sec. 8. As used in this chapter, "gross monthly income" means the
average of such income during the twelve (12) month period
immediately preceding displacement and includes income from all
sources whether or not such income is taxable under any state or
federal law, and also includes any public assistance received under
the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other law of this state administered by the division of
family resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.82; P.L.145-2006, SEC.21; P.L.161-2007, SEC.2.
IC 8-23-17-9 "Person" and "owner" defined
Sec. 9. As used in this chapter, "person" and "owner" include any
individual, partnership, corporation, limited liability company, or
association. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.163.
IC 8-23-17-10 "Owner" defined
Sec. 10. As used in this chapter, "owner" as applied to real
property means the person or persons holding legal title to the
property as shown by the records of the county recorder of the
county in which the real property is situated, or the person or persons
entitled as vendee under a land contract to receive conveyance of the
legal title upon payment of a specified purchase price. As added by P.L.18-1990, SEC.226.
IC 8-23-17-11 "Code enforcement" defined
Sec. 11. As used in this chapter, "code enforcement" means any
project or program for the elimination or prevention of the
development or spread of deteriorated or deteriorating areas through
a systematic inspection of buildings and structures in an area and the
enforcement of codes or ordinances establishing standards for the
condition and maintenance of dwellings, buildings, or premises as
safe, sanitary, and fit for human habitation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-12 Payments; applicable provisions
Sec. 12. The following provisions apply to payments by the
department of transportation under this chapter:
(1) A payment by the department under section 13(3) or 14 of
this chapter may not exceed the maximum allowances provided
by federal law for persons displaced by federal programs or
projects.
(2) A payment by the department under section 15 of this
chapter must be in the amount of the allowance provided by
federal law for persons displaced by federal programs or
projects.
(3) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for a person
who is displaced from a dwelling actually owned and occupied
by the displaced person for not less than one hundred eighty
(180) days before the initiation of negotiations for the
acquisition of the property. This payment may not exceed the
maximum allowances provided by federal law for persons
displaced by federal programs or projects and must include the
following elements:
(A) The amount, if any, that when added to the
compensation for the dwelling acquired by the department
equals the reasonable cost of a comparable replacement
dwelling that is a decent, safe, and sanitary dwelling
adequate to accommodate the displaced person, reasonably
accessible to public services and places of employment, and
available on the private market.
(B) The amount, if any, that will compensate the displaced
person for any increased interest costs that the person is
required to pay for financing the acquisition of any
comparable replacement dwelling. The amount shall be paid
only if the dwelling acquired was encumbered by a bona fide
mortgage that was a valid lien on the dwelling for not less
than one hundred eighty (180) days before the initiation of
negotiations for the acquisition of the dwelling. The amount
must be equal to the excess in the aggregate interest and
other debt service costs of that amount of the principal of the
mortgage on the replacement dwelling that is equal to the
unpaid balance of the mortgage on the acquired dwelling
over the remaining term of the mortgage on the acquired
dwelling, reduced to discounted present value.
(C) Reasonable expenses incurred by the displaced person
for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
The additional payment authorized by this section shall be made
only to a displaced person who purchases and occupies a
replacement dwelling, which is decent, safe, and sanitary, not
later than the end of the one (1) year period beginning on the
date on which the displaced person receives final payment of all
costs of the acquired dwelling or moves from the acquired
dwelling, whichever is later.
(4) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for any
person displaced from any dwelling not eligible to receive a
payment under subdivision (3) if the dwelling was actually and
lawfully occupied by the displaced person for not less than
ninety (90) days before the initiation of negotiations for
acquisition of the dwelling. The payment must be either:
(A) the amount necessary to enable the displaced person to
lease or rent for a period not to exceed four (4) years a
decent, safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable
in regard to public utilities and public and commercial
facilities, and reasonably accessible to the person's place of
employment, but not to exceed the maximum amount
provided by federal law for persons displaced by federal
programs or projects; or
(B) the amount necessary to enable the person to make a
down payment (including incidental expenses described in
subdivision (3)(C)) on the purchase of a decent, safe, and
sanitary dwelling of standards adequate to accommodate the
person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, in the
amount and on the conditions provided by federal law for
persons displaced by federal programs or projects. As added by P.L.18-1990, SEC.226.
IC 8-23-17-13 Compensation for expenses and losses
Sec. 13. Whenever the acquisition of real property for a project
undertaken by an agency, or a program of code enforcement by an
agency in the state, will result in the displacement of any person, the
agency shall make a payment to a displaced person, upon proper
application as approved by the agency head, for:
(1) actual reasonable expenses in moving the person, the
person's family, business, farm operation, or personal property;
(2) actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but
not to exceed an amount equal to the reasonable expenses that
would have been required to relocate the property, as
determined by the head of the agency; and
(3) except as provided in section 12(1) of this chapter, actual
reasonable expenses in searching for a replacement business or
farm, not to exceed a maximum of five hundred dollars ($500). As added by P.L.18-1990, SEC.226.
IC 8-23-17-14 Moving expense and dislocation allowances
Sec. 14. A displaced person eligible for payments under section
13 of this chapter who is displaced from a dwelling and who elects
to accept the payments authorized by this section in lieu of the
payments authorized by section 13 may receive a moving expense
allowance and a dislocation allowance determined according to a
schedule established by the agency head. The schedule may establish
a graduated scale of payments based upon size or kind of business or
farm operation, size of dwelling, number of persons in family, or
other appropriate factors. Except as provided in section 12(1) of this
chapter, the payment shall not exceed a moving expense allowance
of three hundred dollars ($300) and a dislocation allowance of two
hundred dollars ($200). As added by P.L.18-1990, SEC.226.
IC 8-23-17-15 Payment based on average annual net earnings
Sec. 15. (a) A displaced person eligible for payment under section
13 of this chapter who is displaced from a place of business or farm
operation and elects to accept the payment authorized by this section
in lieu of the payment authorized by section 13 of this chapter may
receive a fixed payment in an amount equal to the average annual net
earnings of the business or farm operation. However, except as
provided in section 12(2) of this chapter, the payment shall not be
more than five thousand dollars ($5,000). In the case of a business,
no payment shall be made under this section unless the agency head
is satisfied that the business:
(1) cannot be relocated without a substantial loss of its existing
patronage; and
(2) is not a part of a commercial enterprise having at least one
(1) other establishment not being acquired by the agency and
which is engaged in the same or similar business.
(b) For purposes of this section, "average annual net earnings"
means one-half (1/2) of any net earnings of the business or farm
operation, before federal, state, and local income taxes, during the
two (2) taxable years immediately preceding the taxable year in
which the business or farm operation moves from the real property
acquired by the agency. The term includes any compensation paid by
the business or farm operation to the owner, the owner's spouse, or
dependents during the period. As added by P.L.18-1990, SEC.226.
IC 8-23-17-16 Allowance for lease or rental of adequate replacement dwelling
Sec. 16. Except as provided in section 12(3) and 12(4) of this
chapter, and in addition to payments otherwise authorized by this
chapter, the agency shall make a payment to or for the benefit of a
displaced person from a dwelling actually and lawfully occupied by
the displaced person for not less than ninety (90) days prior to
commencement of code enforcement activities for, or the initiation
of negotiations for acquisition of, the dwelling. The payment shall be
an amount, not to exceed two thousand five hundred dollars ($2,500),
necessary to enable the displaced person to lease or rent an adequate
replacement dwelling for a period not to exceed two (2) years, less
an amount equal to twenty percent (20%) of the gross monthly
income of the displaced person averaged over the previous twelve
(12) month period multiplied by twenty-four (24), determined at the
time of displacement. As added by P.L.18-1990, SEC.226.
IC 8-23-17-17 Allowance for down payment and closing costs for purchase of
adequate replacement dwelling
Sec. 17. (a) In lieu of the amount determined under section 16 of
this chapter, the agency may make a payment to the displaced person
in an amount necessary to enable the person to make a down
payment on the purchase of an adequate replacement dwelling, not
in excess of two thousand five hundred dollars ($2,500).
(b) In addition to any payment payable under subsection (a), the
agency shall pay reasonable expenses incurred by the displaced
person for evidence of title, recording fees, and other closing costs
incidental to the purchase of the replacement dwelling, but not
including prepaid expenses. As added by P.L.18-1990, SEC.226.
IC 8-23-17-18 Relocation advisory assistance program
Sec. 18. Whenever acquisition of, or code enforcement upon, real
property by an agency will result in the displacement of a person, the
agency shall provide a relocation assistance advisory program for
displaced persons which shall offer the services described in section
20 of this chapter. If the agency determines that a person occupying
property immediately adjacent to the real property acquired is caused
substantial economic injury because of the acquisition, it may offer
that person relocation advisory services under the program. As added by P.L.18-1990, SEC.226.
IC 8-23-17-19 Cooperation with other agencies
Sec. 19. An agency causing displacement of a person shall
cooperate to the maximum feasible extent with federal, state, or local
agencies administering programs that may be of assistance to
displaced persons, in order to assure that displaced persons receive
the maximum assistance available to them. As added by P.L.18-1990, SEC.226.
IC 8-23-17-20 Relocation assistance advisory programs; measures, facilities, and
services
Sec. 20. Each relocation assistance advisory program required by
section 18 of this chapter shall include measures, facilities, or
services as may be necessary or appropriate in order to:
(1) determine the need, if any, of displaced persons for
relocation assistance;
(2) provide current and continuing information on the
availability, prices, and rentals, of comparable decent, safe, and
sanitary sales and rental housing, and of comparable
commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time prior to
displacement, there will be available in areas not generally less
desirable in regard to public utilities and public and commercial
facilities and at rents or prices within the means of the families
and individuals displaced, decent, safe, and sanitary dwellings,
as defined by the agency head, equal in number to the number
of and available to the displaced persons who require dwellings
and reasonably accessible to their places of employment, except
that the governor may establish by executive order situations
when the assurances may be waived;
(4) assist a displaced person displaced from a business or farm
operation in obtaining and becoming established in a suitable
replacement location;
(5) supply information concerning federal or state housing
programs, disaster loan programs, and other federal or state
programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order
to minimize hardships to the persons in adjusting to relocation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-21 Coordination with government community actions
Sec. 21. Agencies shall coordinate relocation activities with
project work and with other planned or proposed governmental
actions in the community or nearby areas that may affect the carrying
out of relocation assistance programs. As added by P.L.18-1990, SEC.226.
IC 8-23-17-22 Service contracts; use of other agencies
Sec. 22. (a) To prevent unnecessary expense and duplication of
functions, and to promote uniform and effective administration of
relocation assistance programs for displaced persons under this
chapter, an agency required by this chapter to make relocation
payments to displaced persons or to establish relocation assistance
advisory programs may enter into contract with an individual, firm,
limited liability company, or corporation for services in connection
with the programs, or may carry out its functions under this chapter
through any federal, state, or local governmental agency or
instrumentality having an established organization for conducting
relocation assistance programs. The contract may delegate authority
to make a determination required to be made by the agency head with
respect to eligibility for an amount of relocation assistance payments,
availability of adequate replacement dwellings, or other matters
required to be determined under this chapter, subject to review of
determinations by the agency head and as provided in section 33 of
this chapter.
(b) An agency acquiring property or displacing persons within a
city or county that has established a governmental agency to provide
relocation assistance to persons displaced from dwellings or
businesses, whether or not the acquiring or enforcing agency is
engaged in a program using federal financial assistance, may use the
services and facilities of the county or city relocation agency in
performing its obligations and in making the determinations required
under this chapter to the maximum feasible extent permitted by
applicable federal law or regulations. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.164. IC 8-23-17-23 Rules and procedures; establishment
Sec. 23. Each agency head is authorized to establish rules and
procedures as necessary to assure the following:
(1) The payments and assistance authorized by this chapter shall
be administered in a manner that is fair and reasonable, as
uniformly as practicable.
(2) A displaced person who makes application for a payment
authorized for such person under this chapter shall be paid
promptly after a move or, in hardship cases, be paid in advance.
(3) A person aggrieved by a determination as to eligibility for
a payment authorized by this chapter or the amount of a
payment, may have the application reviewed by the agency
head. As added by P.L.18-1990, SEC.226.
IC 8-23-17-24 Rules and provisions; adoption by agency heads and governor
Sec. 24. Each agency head may adopt rules and procedures,
consistent with this chapter, as necessary or appropriate to carry out
its purposes. The governor may, with the approval of the attorney
general, adopt uniform rules and procedures, including uniform
schedules of payments under section 14 of this chapter and standards
for the determination of payments under sections 16 and 17 of this
chapter. The rules must be uniform and applicable to all agencies
subject to this chapter. In adopting rules the governor, or the agency
head if the governor has not adopted rules, shall consult with federal
agencies administering relocation assistance programs under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601-4655) to promote uniform and
effective administration of relocation assistance and land acquisition
by all governmental agencies acquiring property in Indiana. As added by P.L.18-1990, SEC.226.
IC 8-23-17-25 Policy guidelines
Sec. 25. All agencies shall, to the greatest extent practicable, be
guided by the following policies:
(1) The agency shall make every reasonable effort to acquire
expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or a designated representative shall
be given an opportunity to accompany the appraiser during the
inspection of the property.
(3) Before the initiation of negotiations for real property, the
agency concerned shall establish an amount that it believes to
be just compensation and shall make a prompt offer to acquire
the property for the full amount established. The amount may
not be less than the agency's approved appraisal of the fair
market value of the property. A decrease or increase in the fair
market value of real property before the date of valuation
caused by the public improvement for which the property is
acquired, or by the likelihood that the property would be
acquired for the improvement, other than that due to physical
deterioration within the reasonable control of the owner, will be
disregarded in determining the compensation for the property.
The agency concerned shall provide the owner of real property
to be acquired with a written statement of, and summary of the
basis for, the amount it established as just compensation. Where
appropriate the just compensation for the real property acquired
and for damages to remaining real property shall be separately
stated.
(4) An owner is not required to surrender possession of real
property before the agency concerned pays the agreed purchase
price, or deposits with the court in eminent domain proceedings
for the benefit of the owner, the amount of the award of the
appraisers in the eminent domain proceeding for the property.
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, a
person lawfully occupying real property is not required to move
from a dwelling (assuming an adequate replacement dwelling
will be available) or to move a business or farm operation
without at least ninety (90) days written notice from the agency
concerned of the date by which the move is required.
(6) If the agency permits an owner or tenant to occupy the real
property acquired on a rental basis for a short term or for a
period subject to termination by the agency on short notice, the
amount of rent required may not exceed the fair rental value of
the property to a short-term occupier.
(7) The agency may not advance the time of condemnation, or
defer negotiations or condemnation and the deposit of funds in
court for the use of the owner, or take any other action coercive
in nature, to compel an agreement on the price to be paid for the
property.
(8) If any interest in real property is to be acquired by exercise
of the power of eminent domain, the agency concerned shall
institute formal condemnation proceedings. An agency may not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of the owner's real
property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the agency concerned shall
offer to acquire the entire property. As added by P.L.18-1990, SEC.226.
IC 8-23-17-26 Reimbursement of conveyance expenses, penalties, and real
property taxes
Sec. 26. The acquiring agency, as soon as practicable after the
date of payment of the purchase price or the date of deposit in court
of funds to satisfy the award of compensation in eminent domain
proceedings to acquire real property, whichever is the earlier, shall
reimburse the owner, to the extent the agency head deems fair and
reasonable, for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the agency;
(2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering the real
property; and
(3) the pro rata portion of real property taxes paid that are
allocable to a period subsequent to the date of vesting title in
the agency or the effective date of possession of the real
property by the agency, whichever is the earlier. As added by P.L.18-1990, SEC.226.
IC 8-23-17-27 Awards for condemnation proceeding expenses
Sec. 27. (a) The court having jurisdiction of a proceeding
instituted by an agency to acquire real property by eminent domain
shall award the owner of a right, or title to, or interest in, the real
property the sum that will in the opinion of the court reimburse the
owner for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the real
property by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by the
agency for whose benefit the eminent domain proceedings were
instituted.
(c) The court rendering a judgment for the plaintiff in a
proceeding brought under IC 32-24-1-16 or any other Indiana law
providing for the institution of proceedings by the owner seeking just
compensation for property taken for public use in awarding
compensation for the taking of property by an agency, or the agency
effecting a settlement of a proceeding, shall determine and award or
allow to the plaintiff, as a part of the judgment or settlement a sum
that will in the opinion of the court or the agency reimburse the
plaintiff for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the proceeding. As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002,
SEC.49.
IC 8-23-17-28 Adequate replacement dwelling requirement
Sec. 28. A person is not required to move from the person's
dwelling by an agency acquiring the dwelling or engaged in a code
enforcement program unless the agency head has determined that an
adequate replacement dwelling is available to the person.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-29 Effect of chapter
Sec. 29. (a) Section 25 of this chapter does not create a legal right
or liability and does not affect the validity of property acquisitions
by purchase or condemnation.
(b) This chapter does not create an element of value or damages
not in existence before April 16, 1971, in any proceedings brought
under the power of eminent domain. As added by P.L.18-1990, SEC.226.
IC 8-23-17-30 Federal assistance; compliance with federal law
Sec. 30. An agency acquiring real property or engaging in code
enforcement activities under a program under which federal financial
assistance is or will be available to pay the cost of the program is
authorized to enter into an agreement with the appropriate federal
agency under which the agency agrees to provide relocation
assistance services and payments as required or authorized under the
Uniform Relocation Assistance and Land Acquisition Policies Act
of 1970 (42 U.S.C. 4601-4655) and to use available federal funds.
The agency using federal financial assistance may make contracts
and expenditures, and act, make rules, orders, and findings as
necessary to comply with the federal law and the related rules,
regulations, and interpretations promulgated by the appropriate
federal agencies. As added by P.L.18-1990, SEC.226.
IC 8-23-17-31 Federal assistance; noncompliance with chapter
Sec. 31. An agency acquiring real property or engaging in code
enforcement activities with federal financial assistance or acquiring
real property reasonably anticipating that federal funds might be used
to reimburse the cost of construction or other activity for which the
real property is acquired and that is subject to the requirements of the
Federal Uniform Relocations Assistance and Real Property
Acquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is not
required to make relocation payments or provide relocation
assistance programs under this chapter, or to comply with any
procedures or rules under this chapter that are inconsistent with
applicable federal law or regulations if the agency complies with all
applicable federal law and regulations relating to relocation
payments and assistance for persons displaced by the project. As added by P.L.18-1990, SEC.226.
IC 8-23-17-32 Tax exemptions; effect of payments on public assistance eligibility
Sec. 32. (a) All amounts paid to displaced persons under this
chapter are exempt from taxation under IC 6-3.
(b) A payment received under this chapter is not considered as
income for the purpose of determining the eligibility or extent of
eligibility of any person for public assistance under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other Indiana law administered by the division of family
resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.83; P.L.192-2002(ss), SEC.151; P.L.145-2006, SEC.22;
P.L.161-2007, SEC.3.
IC 8-23-17-33 Review of determination
Sec. 33. A person aggrieved by a determination made by an
agency head under this chapter may have the determination reviewed
by the governing body or principal executive officer of the agency.
A final determination of the agency is subject to judicial review
under IC 4-21.5-5. As added by P.L.18-1990, SEC.226.
IC 8-23-17-34 Waiver of eminent domain power; notice to property owner
Sec. 34. This chapter is not applicable to the purchase of a parcel
of real property by an agency if the agency head gives notice in
writing to the owner of the property not later than the date of its first
offer to purchase the property that the agency will not exercise a
right it may have to acquire the property through exercise of the
power of eminent domain. Proceedings in eminent domain may not
thereafter be instituted by the agency with respect to the real property
unless the notice is expressly revoked in writing. If the notice is
revoked, the provisions of this chapter are applicable as if the agency
had not given notice under this section. As added by P.L.18-1990, SEC.226.
IC 8-23-17-35 Financing of payments
Sec. 35. Funds appropriated or otherwise available to an agency
for the acquisition of real property or an interest in real property or
for the conduct of code enforcement programs shall also be available
to carry out this chapter. As added by P.L.18-1990, SEC.226.
IC 8-23-17-1 "Agency" defined
Sec. 1. As used in this chapter, "agency" means a department,
board, commission, office, or instrumentality of the state, including
a state supported college or university, or of a political subdivision
of the state. As added by P.L.18-1990, SEC.226.
IC 8-23-17-2 "Agency head" defined
Sec. 2. As used in this chapter, "agency head" means the
governing body or principal executive officer of an agency, or a duly
designated delegate of the governing body or principal executive
officer. As added by P.L.18-1990, SEC.226.
IC 8-23-17-3 "Displaced person", "displaced", and "displacement" defined
Sec. 3. As used in this chapter, "displaced person" or "displaced"
or "displacement" with reference to a person, means a person who
moves from real property, or moves personal property from real
property, because of the acquisition of the real property and the
improvements located on the real property, or the partial acquisition
of real property to the extent that continued use by the owner or
occupant is rendered impossible or impracticable, or as the result of
the written order of the acquiring agency to vacate the real property
intended to be acquired by the agency, or as the result of an order
issued by an agency engaged in code enforcement activities to vacate
the real property. Solely for purposes of sections 13, 14, 18, 19, 20,
21, 22, 23, and 24 of this chapter, the terms also include a person
who moves from real property as a result of the acquisition of, or
written order of the acquiring agency to vacate, other real property
on which the person conducts a business or farm operation. When
two (2) or more individuals living together in a single family
dwelling are displaced from the dwelling, they are regarded as one
(1) displaced person for purposes of this chapter, except that each
individual may receive a payment for actual moving expenses and
losses under section 13 of this chapter. As added by P.L.18-1990, SEC.226.
IC 8-23-17-4 "Business" defined
Sec. 4. As used in this chapter, "business" means any lawful
activity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease, and rental of personal and real
property, and for the manufacture, processing, or marketing of
products, commodities, or any other personal property;
(2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 13 of this chapter, for
assisting in the purchase, sale, resale, manufacture, processing,
or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor
advertising display or displays, whether or not the display or
displays are located on the premises on which any of the above
activities are conducted. As added by P.L.18-1990, SEC.226.
IC 8-23-17-5 "Farm operation" defined
Sec. 5. As used in this chapter, "farm operation" means any
activity conducted solely or primarily for the production of one (1)
or more agricultural products or commodities, including timber, for
sale or home use, and customarily producing products or
commodities in sufficient quantity to be capable of contributing
materially to the operator's support. As added by P.L.18-1990, SEC.226.
IC 8-23-17-6 "Dwelling" defined
Sec. 6. As used in this chapter, "dwelling" means any room, suite
of rooms, apartment, trailer, or house occupied or intended to be
occupied as a personal residence by one (1) family or by one (1) or
more individuals utilizing the same kitchen facilities. The term does
not include a single sleeping room without kitchen facilities. As added by P.L.18-1990, SEC.226.
IC 8-23-17-7 "Adequate replacement dwelling" defined
Sec. 7. As used in this chapter, "adequate replacement dwelling"
means a dwelling that is:
(1) at least comparable in essential accommodations and value
to the dwelling acquired by the agency;
(2) a decent, safe, and sanitary dwelling meeting all minimum
requirements of applicable building, housing, and fire
prevention codes;
(3) located in an area not generally less desirable than the area
in which the dwelling acquired by the agency is located, in
regard to public utilities and public and commercial facilities;
(4) reasonably accessible to the principal place of employment
of the head of the household;
(5) available for purchase or rental on the private market; and
(6) available for purchase or rental at a price or rent within the
financial means of the displaced person. A dwelling available
for purchase is considered to be within the financial means of
a person only if, after taking into account that part of the
acquisition cost paid to the displaced person plus any payment
made under section 16 or 17 of this chapter, a loan commitment
may be obtained from a lending institution, with or without the
aid of any federal or other program of loan insurance, in the
principal amount equal to the balance of the purchase price of
the replacement dwelling. As added by P.L.18-1990, SEC.226.
IC 8-23-17-8 "Gross monthly income" defined
Sec. 8. As used in this chapter, "gross monthly income" means the
average of such income during the twelve (12) month period
immediately preceding displacement and includes income from all
sources whether or not such income is taxable under any state or
federal law, and also includes any public assistance received under
the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other law of this state administered by the division of
family resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.82; P.L.145-2006, SEC.21; P.L.161-2007, SEC.2.
IC 8-23-17-9 "Person" and "owner" defined
Sec. 9. As used in this chapter, "person" and "owner" include any
individual, partnership, corporation, limited liability company, or
association. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.163.
IC 8-23-17-10 "Owner" defined
Sec. 10. As used in this chapter, "owner" as applied to real
property means the person or persons holding legal title to the
property as shown by the records of the county recorder of the
county in which the real property is situated, or the person or persons
entitled as vendee under a land contract to receive conveyance of the
legal title upon payment of a specified purchase price. As added by P.L.18-1990, SEC.226.
IC 8-23-17-11 "Code enforcement" defined
Sec. 11. As used in this chapter, "code enforcement" means any
project or program for the elimination or prevention of the
development or spread of deteriorated or deteriorating areas through
a systematic inspection of buildings and structures in an area and the
enforcement of codes or ordinances establishing standards for the
condition and maintenance of dwellings, buildings, or premises as
safe, sanitary, and fit for human habitation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-12 Payments; applicable provisions
Sec. 12. The following provisions apply to payments by the
department of transportation under this chapter:
(1) A payment by the department under section 13(3) or 14 of
this chapter may not exceed the maximum allowances provided
by federal law for persons displaced by federal programs or
projects.
(2) A payment by the department under section 15 of this
chapter must be in the amount of the allowance provided by
federal law for persons displaced by federal programs or
projects.
(3) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for a person
who is displaced from a dwelling actually owned and occupied
by the displaced person for not less than one hundred eighty
(180) days before the initiation of negotiations for the
acquisition of the property. This payment may not exceed the
maximum allowances provided by federal law for persons
displaced by federal programs or projects and must include the
following elements:
(A) The amount, if any, that when added to the
compensation for the dwelling acquired by the department
equals the reasonable cost of a comparable replacement
dwelling that is a decent, safe, and sanitary dwelling
adequate to accommodate the displaced person, reasonably
accessible to public services and places of employment, and
available on the private market.
(B) The amount, if any, that will compensate the displaced
person for any increased interest costs that the person is
required to pay for financing the acquisition of any
comparable replacement dwelling. The amount shall be paid
only if the dwelling acquired was encumbered by a bona fide
mortgage that was a valid lien on the dwelling for not less
than one hundred eighty (180) days before the initiation of
negotiations for the acquisition of the dwelling. The amount
must be equal to the excess in the aggregate interest and
other debt service costs of that amount of the principal of the
mortgage on the replacement dwelling that is equal to the
unpaid balance of the mortgage on the acquired dwelling
over the remaining term of the mortgage on the acquired
dwelling, reduced to discounted present value.
(C) Reasonable expenses incurred by the displaced person
for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
The additional payment authorized by this section shall be made
only to a displaced person who purchases and occupies a
replacement dwelling, which is decent, safe, and sanitary, not
later than the end of the one (1) year period beginning on the
date on which the displaced person receives final payment of all
costs of the acquired dwelling or moves from the acquired
dwelling, whichever is later.
(4) In addition to payments otherwise authorized by this
chapter, the department shall make a payment to or for any
person displaced from any dwelling not eligible to receive a
payment under subdivision (3) if the dwelling was actually and
lawfully occupied by the displaced person for not less than
ninety (90) days before the initiation of negotiations for
acquisition of the dwelling. The payment must be either:
(A) the amount necessary to enable the displaced person to
lease or rent for a period not to exceed four (4) years a
decent, safe, and sanitary dwelling of standards adequate to
accommodate the person in areas not generally less desirable
in regard to public utilities and public and commercial
facilities, and reasonably accessible to the person's place of
employment, but not to exceed the maximum amount
provided by federal law for persons displaced by federal
programs or projects; or
(B) the amount necessary to enable the person to make a
down payment (including incidental expenses described in
subdivision (3)(C)) on the purchase of a decent, safe, and
sanitary dwelling of standards adequate to accommodate the
person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, in the
amount and on the conditions provided by federal law for
persons displaced by federal programs or projects. As added by P.L.18-1990, SEC.226.
IC 8-23-17-13 Compensation for expenses and losses
Sec. 13. Whenever the acquisition of real property for a project
undertaken by an agency, or a program of code enforcement by an
agency in the state, will result in the displacement of any person, the
agency shall make a payment to a displaced person, upon proper
application as approved by the agency head, for:
(1) actual reasonable expenses in moving the person, the
person's family, business, farm operation, or personal property;
(2) actual direct losses of tangible personal property as a result
of moving or discontinuing a business or farm operation, but
not to exceed an amount equal to the reasonable expenses that
would have been required to relocate the property, as
determined by the head of the agency; and
(3) except as provided in section 12(1) of this chapter, actual
reasonable expenses in searching for a replacement business or
farm, not to exceed a maximum of five hundred dollars ($500). As added by P.L.18-1990, SEC.226.
IC 8-23-17-14 Moving expense and dislocation allowances
Sec. 14. A displaced person eligible for payments under section
13 of this chapter who is displaced from a dwelling and who elects
to accept the payments authorized by this section in lieu of the
payments authorized by section 13 may receive a moving expense
allowance and a dislocation allowance determined according to a
schedule established by the agency head. The schedule may establish
a graduated scale of payments based upon size or kind of business or
farm operation, size of dwelling, number of persons in family, or
other appropriate factors. Except as provided in section 12(1) of this
chapter, the payment shall not exceed a moving expense allowance
of three hundred dollars ($300) and a dislocation allowance of two
hundred dollars ($200). As added by P.L.18-1990, SEC.226.
IC 8-23-17-15 Payment based on average annual net earnings
Sec. 15. (a) A displaced person eligible for payment under section
13 of this chapter who is displaced from a place of business or farm
operation and elects to accept the payment authorized by this section
in lieu of the payment authorized by section 13 of this chapter may
receive a fixed payment in an amount equal to the average annual net
earnings of the business or farm operation. However, except as
provided in section 12(2) of this chapter, the payment shall not be
more than five thousand dollars ($5,000). In the case of a business,
no payment shall be made under this section unless the agency head
is satisfied that the business:
(1) cannot be relocated without a substantial loss of its existing
patronage; and
(2) is not a part of a commercial enterprise having at least one
(1) other establishment not being acquired by the agency and
which is engaged in the same or similar business.
(b) For purposes of this section, "average annual net earnings"
means one-half (1/2) of any net earnings of the business or farm
operation, before federal, state, and local income taxes, during the
two (2) taxable years immediately preceding the taxable year in
which the business or farm operation moves from the real property
acquired by the agency. The term includes any compensation paid by
the business or farm operation to the owner, the owner's spouse, or
dependents during the period. As added by P.L.18-1990, SEC.226.
IC 8-23-17-16 Allowance for lease or rental of adequate replacement dwelling
Sec. 16. Except as provided in section 12(3) and 12(4) of this
chapter, and in addition to payments otherwise authorized by this
chapter, the agency shall make a payment to or for the benefit of a
displaced person from a dwelling actually and lawfully occupied by
the displaced person for not less than ninety (90) days prior to
commencement of code enforcement activities for, or the initiation
of negotiations for acquisition of, the dwelling. The payment shall be
an amount, not to exceed two thousand five hundred dollars ($2,500),
necessary to enable the displaced person to lease or rent an adequate
replacement dwelling for a period not to exceed two (2) years, less
an amount equal to twenty percent (20%) of the gross monthly
income of the displaced person averaged over the previous twelve
(12) month period multiplied by twenty-four (24), determined at the
time of displacement. As added by P.L.18-1990, SEC.226.
IC 8-23-17-17 Allowance for down payment and closing costs for purchase of
adequate replacement dwelling
Sec. 17. (a) In lieu of the amount determined under section 16 of
this chapter, the agency may make a payment to the displaced person
in an amount necessary to enable the person to make a down
payment on the purchase of an adequate replacement dwelling, not
in excess of two thousand five hundred dollars ($2,500).
(b) In addition to any payment payable under subsection (a), the
agency shall pay reasonable expenses incurred by the displaced
person for evidence of title, recording fees, and other closing costs
incidental to the purchase of the replacement dwelling, but not
including prepaid expenses. As added by P.L.18-1990, SEC.226.
IC 8-23-17-18 Relocation advisory assistance program
Sec. 18. Whenever acquisition of, or code enforcement upon, real
property by an agency will result in the displacement of a person, the
agency shall provide a relocation assistance advisory program for
displaced persons which shall offer the services described in section
20 of this chapter. If the agency determines that a person occupying
property immediately adjacent to the real property acquired is caused
substantial economic injury because of the acquisition, it may offer
that person relocation advisory services under the program. As added by P.L.18-1990, SEC.226.
IC 8-23-17-19 Cooperation with other agencies
Sec. 19. An agency causing displacement of a person shall
cooperate to the maximum feasible extent with federal, state, or local
agencies administering programs that may be of assistance to
displaced persons, in order to assure that displaced persons receive
the maximum assistance available to them. As added by P.L.18-1990, SEC.226.
IC 8-23-17-20 Relocation assistance advisory programs; measures, facilities, and
services
Sec. 20. Each relocation assistance advisory program required by
section 18 of this chapter shall include measures, facilities, or
services as may be necessary or appropriate in order to:
(1) determine the need, if any, of displaced persons for
relocation assistance;
(2) provide current and continuing information on the
availability, prices, and rentals, of comparable decent, safe, and
sanitary sales and rental housing, and of comparable
commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time prior to
displacement, there will be available in areas not generally less
desirable in regard to public utilities and public and commercial
facilities and at rents or prices within the means of the families
and individuals displaced, decent, safe, and sanitary dwellings,
as defined by the agency head, equal in number to the number
of and available to the displaced persons who require dwellings
and reasonably accessible to their places of employment, except
that the governor may establish by executive order situations
when the assurances may be waived;
(4) assist a displaced person displaced from a business or farm
operation in obtaining and becoming established in a suitable
replacement location;
(5) supply information concerning federal or state housing
programs, disaster loan programs, and other federal or state
programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order
to minimize hardships to the persons in adjusting to relocation. As added by P.L.18-1990, SEC.226.
IC 8-23-17-21 Coordination with government community actions
Sec. 21. Agencies shall coordinate relocation activities with
project work and with other planned or proposed governmental
actions in the community or nearby areas that may affect the carrying
out of relocation assistance programs. As added by P.L.18-1990, SEC.226.
IC 8-23-17-22 Service contracts; use of other agencies
Sec. 22. (a) To prevent unnecessary expense and duplication of
functions, and to promote uniform and effective administration of
relocation assistance programs for displaced persons under this
chapter, an agency required by this chapter to make relocation
payments to displaced persons or to establish relocation assistance
advisory programs may enter into contract with an individual, firm,
limited liability company, or corporation for services in connection
with the programs, or may carry out its functions under this chapter
through any federal, state, or local governmental agency or
instrumentality having an established organization for conducting
relocation assistance programs. The contract may delegate authority
to make a determination required to be made by the agency head with
respect to eligibility for an amount of relocation assistance payments,
availability of adequate replacement dwellings, or other matters
required to be determined under this chapter, subject to review of
determinations by the agency head and as provided in section 33 of
this chapter.
(b) An agency acquiring property or displacing persons within a
city or county that has established a governmental agency to provide
relocation assistance to persons displaced from dwellings or
businesses, whether or not the acquiring or enforcing agency is
engaged in a program using federal financial assistance, may use the
services and facilities of the county or city relocation agency in
performing its obligations and in making the determinations required
under this chapter to the maximum feasible extent permitted by
applicable federal law or regulations. As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,
SEC.164. IC 8-23-17-23 Rules and procedures; establishment
Sec. 23. Each agency head is authorized to establish rules and
procedures as necessary to assure the following:
(1) The payments and assistance authorized by this chapter shall
be administered in a manner that is fair and reasonable, as
uniformly as practicable.
(2) A displaced person who makes application for a payment
authorized for such person under this chapter shall be paid
promptly after a move or, in hardship cases, be paid in advance.
(3) A person aggrieved by a determination as to eligibility for
a payment authorized by this chapter or the amount of a
payment, may have the application reviewed by the agency
head. As added by P.L.18-1990, SEC.226.
IC 8-23-17-24 Rules and provisions; adoption by agency heads and governor
Sec. 24. Each agency head may adopt rules and procedures,
consistent with this chapter, as necessary or appropriate to carry out
its purposes. The governor may, with the approval of the attorney
general, adopt uniform rules and procedures, including uniform
schedules of payments under section 14 of this chapter and standards
for the determination of payments under sections 16 and 17 of this
chapter. The rules must be uniform and applicable to all agencies
subject to this chapter. In adopting rules the governor, or the agency
head if the governor has not adopted rules, shall consult with federal
agencies administering relocation assistance programs under the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601-4655) to promote uniform and
effective administration of relocation assistance and land acquisition
by all governmental agencies acquiring property in Indiana. As added by P.L.18-1990, SEC.226.
IC 8-23-17-25 Policy guidelines
Sec. 25. All agencies shall, to the greatest extent practicable, be
guided by the following policies:
(1) The agency shall make every reasonable effort to acquire
expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or a designated representative shall
be given an opportunity to accompany the appraiser during the
inspection of the property.
(3) Before the initiation of negotiations for real property, the
agency concerned shall establish an amount that it believes to
be just compensation and shall make a prompt offer to acquire
the property for the full amount established. The amount may
not be less than the agency's approved appraisal of the fair
market value of the property. A decrease or increase in the fair
market value of real property before the date of valuation
caused by the public improvement for which the property is
acquired, or by the likelihood that the property would be
acquired for the improvement, other than that due to physical
deterioration within the reasonable control of the owner, will be
disregarded in determining the compensation for the property.
The agency concerned shall provide the owner of real property
to be acquired with a written statement of, and summary of the
basis for, the amount it established as just compensation. Where
appropriate the just compensation for the real property acquired
and for damages to remaining real property shall be separately
stated.
(4) An owner is not required to surrender possession of real
property before the agency concerned pays the agreed purchase
price, or deposits with the court in eminent domain proceedings
for the benefit of the owner, the amount of the award of the
appraisers in the eminent domain proceeding for the property.
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, a
person lawfully occupying real property is not required to move
from a dwelling (assuming an adequate replacement dwelling
will be available) or to move a business or farm operation
without at least ninety (90) days written notice from the agency
concerned of the date by which the move is required.
(6) If the agency permits an owner or tenant to occupy the real
property acquired on a rental basis for a short term or for a
period subject to termination by the agency on short notice, the
amount of rent required may not exceed the fair rental value of
the property to a short-term occupier.
(7) The agency may not advance the time of condemnation, or
defer negotiations or condemnation and the deposit of funds in
court for the use of the owner, or take any other action coercive
in nature, to compel an agreement on the price to be paid for the
property.
(8) If any interest in real property is to be acquired by exercise
of the power of eminent domain, the agency concerned shall
institute formal condemnation proceedings. An agency may not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of the owner's real
property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the agency concerned shall
offer to acquire the entire property. As added by P.L.18-1990, SEC.226.
IC 8-23-17-26 Reimbursement of conveyance expenses, penalties, and real
property taxes
Sec. 26. The acquiring agency, as soon as practicable after the
date of payment of the purchase price or the date of deposit in court
of funds to satisfy the award of compensation in eminent domain
proceedings to acquire real property, whichever is the earlier, shall
reimburse the owner, to the extent the agency head deems fair and
reasonable, for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the agency;
(2) penalty costs for prepayment of any preexisting recorded
mortgage entered into in good faith encumbering the real
property; and
(3) the pro rata portion of real property taxes paid that are
allocable to a period subsequent to the date of vesting title in
the agency or the effective date of possession of the real
property by the agency, whichever is the earlier. As added by P.L.18-1990, SEC.226.
IC 8-23-17-27 Awards for condemnation proceeding expenses
Sec. 27. (a) The court having jurisdiction of a proceeding
instituted by an agency to acquire real property by eminent domain
shall award the owner of a right, or title to, or interest in, the real
property the sum that will in the opinion of the court reimburse the
owner for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the real
property by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by the
agency for whose benefit the eminent domain proceedings were
instituted.
(c) The court rendering a judgment for the plaintiff in a
proceeding brought under IC 32-24-1-16 or any other Indiana law
providing for the institution of proceedings by the owner seeking just
compensation for property taken for public use in awarding
compensation for the taking of property by an agency, or the agency
effecting a settlement of a proceeding, shall determine and award or
allow to the plaintiff, as a part of the judgment or settlement a sum
that will in the opinion of the court or the agency reimburse the
plaintiff for reasonable costs, disbursements, and expenses, including
reasonable attorney, appraisal, and engineering fees, actually
incurred because of the proceeding. As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002,
SEC.49.
IC 8-23-17-28 Adequate replacement dwelling requirement
Sec. 28. A person is not required to move from the person's
dwelling by an agency acquiring the dwelling or engaged in a code
enforcement program unless the agency head has determined that an
adequate replacement dwelling is available to the person.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-29 Effect of chapter
Sec. 29. (a) Section 25 of this chapter does not create a legal right
or liability and does not affect the validity of property acquisitions
by purchase or condemnation.
(b) This chapter does not create an element of value or damages
not in existence before April 16, 1971, in any proceedings brought
under the power of eminent domain. As added by P.L.18-1990, SEC.226.
IC 8-23-17-30 Federal assistance; compliance with federal law
Sec. 30. An agency acquiring real property or engaging in code
enforcement activities under a program under which federal financial
assistance is or will be available to pay the cost of the program is
authorized to enter into an agreement with the appropriate federal
agency under which the agency agrees to provide relocation
assistance services and payments as required or authorized under the
Uniform Relocation Assistance and Land Acquisition Policies Act
of 1970 (42 U.S.C. 4601-4655) and to use available federal funds.
The agency using federal financial assistance may make contracts
and expenditures, and act, make rules, orders, and findings as
necessary to comply with the federal law and the related rules,
regulations, and interpretations promulgated by the appropriate
federal agencies. As added by P.L.18-1990, SEC.226.
IC 8-23-17-31 Federal assistance; noncompliance with chapter
Sec. 31. An agency acquiring real property or engaging in code
enforcement activities with federal financial assistance or acquiring
real property reasonably anticipating that federal funds might be used
to reimburse the cost of construction or other activity for which the
real property is acquired and that is subject to the requirements of the
Federal Uniform Relocations Assistance and Real Property
Acquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is not
required to make relocation payments or provide relocation
assistance programs under this chapter, or to comply with any
procedures or rules under this chapter that are inconsistent with
applicable federal law or regulations if the agency complies with all
applicable federal law and regulations relating to relocation
payments and assistance for persons displaced by the project. As added by P.L.18-1990, SEC.226.
IC 8-23-17-32 Tax exemptions; effect of payments on public assistance eligibility
Sec. 32. (a) All amounts paid to displaced persons under this
chapter are exempt from taxation under IC 6-3.
(b) A payment received under this chapter is not considered as
income for the purpose of determining the eligibility or extent of
eligibility of any person for public assistance under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)
assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other Indiana law administered by the division of family
resources or the department of child services. As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,
SEC.83; P.L.192-2002(ss), SEC.151; P.L.145-2006, SEC.22;
P.L.161-2007, SEC.3.
IC 8-23-17-33 Review of determination
Sec. 33. A person aggrieved by a determination made by an
agency head under this chapter may have the determination reviewed
by the governing body or principal executive officer of the agency.
A final determination of the agency is subject to judicial review
under IC 4-21.5-5. As added by P.L.18-1990, SEC.226.
IC 8-23-17-34 Waiver of eminent domain power; notice to property owner
Sec. 34. This chapter is not applicable to the purchase of a parcel
of real property by an agency if the agency head gives notice in
writing to the owner of the property not later than the date of its first
offer to purchase the property that the agency will not exercise a
right it may have to acquire the property through exercise of the
power of eminent domain. Proceedings in eminent domain may not
thereafter be instituted by the agency with respect to the real property
unless the notice is expressly revoked in writing. If the notice is
revoked, the provisions of this chapter are applicable as if the agency
had not given notice under this section. As added by P.L.18-1990, SEC.226.
IC 8-23-17-35 Financing of payments
Sec. 35. Funds appropriated or otherwise available to an agency
for the acquisition of real property or an interest in real property or
for the conduct of code enforcement programs shall also be available
to carry out this chapter. As added by P.L.18-1990, SEC.226.
