Section 105 IAC 17-1-3 - Duplication in paymentAuthority: IC 8-23-20-25.7; IC 8-23-20.5-6
Affected: IC 8-23-17-30; IC 8-23-20-25.6, IC 8-23-20-27; IC 8-23-20.5
Sec. 3.
(a) If a sign owner who has been displaced has not waived their right to pursue compensation under IC 8-23-20-27 in an eminent domain proceeding associated with their sign, but submits a claim with the department for a relocation payment for moving expenses associated with that sign, to receive the relocation payment, the sign owner must affirm in an agreement with the department that the owner will repay to the department: (1) payments made to the owner that are determined to be duplicative of other payments paid by the department to the owner; and(2) payments the owner was not entitled to receive because of a later opinion of a court with jurisdiction to enter a judgment on the issue of compensation under IC 8-23-20-27. (b) This agreement shall authorize the department to set off payments owed to it under this section against compensation the department may owe to the displaced person pursuant to IC 8-23-20-27. The department may exercise set off rights through the filing of a request with the court with jurisdiction over the eminent domain proceeding. The department is not prohibited from using other means to obtain repayment of duplicative payments. (c) The department's determination of whether a payment is duplicative shall be based on the Uniform Act. Emergency rule filed 8/2/2022, 12:55 p.m.: 20220810-IR-105220243ERA, eff 8/15/2022