Sec. 5. (a) In determining damages, the board of directors shall give the appraisers the description of land needed in fee simple and of land over which an easement is needed. If an easement is designated by the board of directors, the purpose and extent of the easement must be definitely stated.

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Terms Used In Indiana Code 14-33-8-5

  • Appraisal: A determination of property value.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
     (b) The appraisers shall do the following:

(1) Appraise the real property and the amount of damages.

(2) Make a report to the court of the findings.

     (c) If the board of appraisers does not return an appraisal of damages to real property, that constitutes a finding that damages will not be sustained by that real property.

[Pre-1995 Recodification Citation: 13-3-3-61(e).]

As added by P.L.1-1995, SEC.26.