Ind. Code § 20-26-7-15

Current through P.L. 171-2024

Section 20-26-7-15 - Eminent domain; oath of appraisers; payment of damages; trial; appeal

(a) Before making the appraisement and assessment, the appraisers shall take an oath before the clerk of the court to make a fair, true, and honest appraisement of the real estate.

(b) After taking the oath under subsection (a), the appraisers shall examine the real estate, hear evidence they consider necessary, and make a report of their appraisement to the court not more than five (5) days after their appointment.

(c) After the examination under subsection (b), the township trustee or school trustees of the school corporation, or a majority of them, may pay to the clerk of the court, for the use of the owner or owners of the real estate, the amount assessed.

(d) When the payment is made under subsection (c) and the payment is shown to the court hearing the cause:

(1) the title to the real estate vests immediately in the school corporation for school purposes;

(2) the court shall cause the real estate to be conveyed to the school corporation by a commissioner appointed for that purpose; and

(3) the school corporation may immediately take possession of the real estate for the purpose.

(e) When the report of the appraisers is filed, any party to the action, not later than ten (10) days, may except to the amount of the appraisement and valuation of the real estate and a trial may be had on the exception before the court as other civil causes are tried. The court shall fix the amount of the appraisement and assessment, and any party to the action may appeal the judgment of the court as other civil cases are appealed.

(f) If the township trustee or school trustees, or a majority of them, except to the amount of the appraisement and assessment:

(1) the court shall convey the real estate to the school corporation;

(2) the title to the real estate vests immediately in the school corporation for the purposes; and

(3) subsequent proceedings upon the exceptions affect only the amount of the appraisement and assessments.

IC 20-26-7-15

Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-23-3.

Amended by P.L. 233-2015, SEC. 113, eff. 7/1/2015.

As added by P.L. 1-2005, SEC.10.