Indiana § 36-10-4-21 - Eminent domain; damages; prior public use

§ 36-10-4-21. Eminent domain; damages; prior public use

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter:

(1) within the corporate boundaries of the city; and

(2) before July 1, 2019, outside of the city within:

(A) ten (10) miles; or

(B) five (5) miles if the city adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981);

of the corporate boundaries of the city and within the county in which the city is located.

The board may award damages to landowners for real property and property rights appropriated or injuriously affected and assess benefits to property beneficially affected. If the board cannot agree with the owners, lessees, or occupants of any real property selected by the board for the purposes of this chapter, the board may condemn the property as provided in this chapter, and, when not inconsistent with this chapter, may proceed under statutes governing the condemnation of land and rights-of-way for other public purposes.

(b) If the land or surface of the ground on, over, or across which it is necessary or advisable to establish, construct, or improve a boulevard, parkway, or pleasure driveway is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the entity appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the ground for park purposes. However, the use by the board does not permanently prevent the use of the land or the surface of the ground for the prior public use or by the entity condemning or appropriating it. In a proceeding prosecuted by the board to condemn the use of land or the surface of the ground for purposes permitted by this chapter, the board must show that its proposed use will not permanently or seriously interfere with the continued use of the land or the surface of the ground.

[Pre-Local Government Recodification Citations: 19-7-9-8; 19-7-30-15.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16; P.L.156-2020, SEC.151.