Indiana Code 32-24-1-7. Notice to appear in court; publication; nonresident landowners; assessment of damages
(1) service for ten (10) days; or
Terms Used In Indiana Code 32-24-1-7
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(A) with each publication of the notice in a weekly newspaper of general circulation printed and published in the English language in the county in which the property sought to be acquired is located; or
(B) with the first publication of notice in a newspaper described in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the county.
The last publication of the notice must be five (5) days before the day set for the hearing.
(b) The clerk of the court in which the proceedings are pending, upon the first publication of the notice, shall send to the post office address of each nonresident owner whose property will be affected by the proceedings a copy of the notice, if the post office address of the owner or owners can be ascertained by inquiry at the office of the treasurer of the county.
(c) The court, being satisfied of the regularity of the proceedings and the right of the plaintiff to exercise the power of eminent domain for the use sought, shall appoint:
(1) one (1) disinterested freeholder of the county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to assess the damages, or the benefits and damages, as the case may be, that the owner or owners severally may sustain, or be entitled to, by reason of the acquisition. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the property.
[Pre-2002 Recodification Citation: 32-11-1-4.]
As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.19; P.L.152-2021, SEC.32.