Indiana Code 32-24-1-15. Forfeitures; failure to pay damages or take possession
(1) to pay the assessed damages and, if applicable, the attorney‘s fees payable under section 14 of this chapter not later than one (1) year after the appraisers’ report is filed, if exceptions are not filed to the report;
Terms Used In Indiana Code 32-24-1-15
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(A) the damages assessed and, if applicable, attorney’s fees payable under section 14 of this chapter if exceptions are filed to the appraisers’ report and the exceptions are not sustained; or
(B) the damages assessed and, if applicable, attorney’s fees payable under section 14 of this chapter and costs if exceptions are filed to the appraisers’ report and the exceptions are sustained;
not later than one (1) year after the entry of the judgment, if an appeal is not taken from the judgment;
(3) to pay the damages assessed and, if applicable, attorney’s fees payable under section 14 of this chapter or the judgment rendered in the trial court not later than one (1) year after final judgment is entered in the appeal if an appeal is taken from the judgment of the trial court; or
(4) to take possession of the property and adapt the property for the purpose for which it was acquired not later than six (6) years after the payment of the award or judgment for damages, except where a fee simple interest in the property is authorized to be acquired and is acquired;
the person seeking to acquire the property forfeits all rights in the property as fully and completely as if the procedure to take the property had not begun.
(b) An action to declare a forfeiture under this section may be brought by any person having an interest in the property sought to be acquired, or the question of the forfeiture may be raised and determined by direct allegation in any subsequent proceedings, by any other person to acquire the property for a public use. In the subsequent proceedings the person seeking the previous acquisition or the person’s proper representatives, successors, or assigns shall be made parties.
[Pre-2002 Recodification Citation: 32-11-1-11.]
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.13.