Section 10-18-4-13 - Eminent domain(a) The board of public works of a city, acting for the city or acting jointly with the board of commissioners of the county in which the city is located, may proceed under IC 32-24 and has all powers of eminent domain granted in this chapter or any other statute to acquire interests in real property by purchase or condemnation for any of the purposes authorized by this chapter.(b) Before the board of public works may purchase an interest in real property, either by the city or jointly by the city and the county in which it is located: (1) the board of public works;(2) the board of trustees, as provided in section 12 of this chapter; or(3) the board of public works acting jointly with the board of commissioners of the county in which the city is located; must have the real property appraised at its true cash value by at least one (1) disinterested freeholder of the city and two (2) disinterested appraisers licensed under IC 25-34.1 who are residents of Indiana and may not pay more than the appraised value for any interest in real property. One (1) of the licensed appraisers must reside not more than fifty (50) miles from the property. If an owner refuses to sell the owner's interest in real property at the appraised value, the interest in real property must be acquired by condemnation. The legal department of the city shall conduct all necessary proceedings for the purchase or condemnation of an interest in real property by the city and county jointly, for any purpose under this chapter, without additional compensation.
(c) If a city institutes proceedings to condemn an interest in real property under this chapter, the suit must be brought in the name of the city by the legal department of the city, without additional compensation, at the direction of the board of public works. If there is a joint condemnation of an interest in real property by a city and the county in which it is located, the suit must be brought in the name of the city as provided in this section and in the name of the county, by an attorney representing the county, at the direction of the board of county commissioners of the county. The city or the city and county jointly may: (1) join in one (1) action as defendants the owners and all persons interested in one (1) or more interests in real property to be condemned; or(2) institute proceedings to condemn separate interests in real property.Pre-2003 Recodification Citation: 10-7-6-12.
As added by P.L. 2-2003, SEC.9. Amended by P.L. 113-2006, SEC.9.