Sec. 4. (a) After the appraisers file their report, any of the defendants may, within a reasonable time fixed by the court, file exceptions to the report, alleging that the appraisement of the property, as made by the appraisers, is not the true cash value of the property. If exceptions are filed, a trial on the exceptions shall be held by the court or before a jury, if asked by either party.

     (b) The circuit court clerk shall give notice of filing of the appraisers’ report to all known parties to the action and their attorneys of record by certified mail.

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Terms Used In Indiana Code 32-24-3-4

  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
     (c) Upon the trial of the exceptions, the court may revise, correct, amend, or confirm the appraisement in accordance with the finding of the court or verdict of the jury.

     (d) The court shall apportion the costs accruing in the proceedings as justice may require. However, if applicable, a landowner who incurs attorney‘s fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney’s fees in accordance with IC 32-24-1-14.

     (e) Changes of venue may be had as in other cases.

[Pre-2002 Recodification Citation: 32-11-2-4.]

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.15.