Bill Text: IN SB0423 | 2011 | Regular Session | Introduced

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Bill Title: Eminent domain.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-12 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0423 Detail]

Download: Indiana-2011-SB0423-Introduced.html

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Introduced Version

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SENATE BILL No. 423

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 32-24-1-3.

Synopsis: Eminent domain. Provides that before a condemnor may exercise the power of eminent domain to acquire property or an interest in property, the condemnor must: (1) establish a proposed purchase price for the property that is at least equal to the appraised value of the property; and (2) provide the owner of the property with the appraisal used to establish the proposed purchase price.

Effective: July 1, 2011.

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Hume

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    January 12, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.

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Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 423

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    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-24-1-3; (11)IN0423.1.1. -->     SECTION 1. IC 32-24-1-3, AS AMENDED BY P.L.110-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Any person that may exercise the power of eminent domain for any public use under any statute may exercise the power only in the manner provided in this article, except as otherwise provided by law.
    (b) Except as provided in subsection (g), before proceeding to condemn, the person:
        (1) may enter upon any land to examine and survey the property sought to be acquired; and
        (2) must make an effort to purchase for the use intended the land, right-of-way, easement, or other interest, in the property.
    (c) The effort to purchase under subsection (b)(2) must include the following:
        (1) Establishing a proposed purchase price for the property that is at least equal to the appraised value of the property.
        (2) Providing the owner of the property with an the appraisal or

other evidence used to establish the proposed purchase price.
        (3) Conducting good faith negotiations with the owner of the property.
    (d) If the land or interest in the land, or property or right is owned by a person who is an incapacitated person (as defined in IC 29-3-1-7.5) or less than eighteen (18) years of age, the person seeking to acquire the property may purchase the property from the guardian of the incapacitated person or person less than eighteen (18) years of age. If the purchase is approved by the court appointing the guardian and the approval is written upon the face of the deed, the conveyance of the property purchased and the deed made and approved by the court are valid and binding upon the incapacitated person or persons less than eighteen (18) years of age.
    (e) The deed given, when executed instead of condemnation, conveys only the interest stated in the deed.
    (f) If property is taken by proceedings under this article, the entire fee simple title may be taken and acquired.
    (g) This subsection applies to a public utility (as defined in IC 32-24-1-5.9(a)) or a pipeline company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline company seeks to acquire land or an interest in land under this article, the public utility or pipeline company may not enter upon the land to examine or survey the property sought to be acquired unless either of the following occur:
        (1) The public utility or the pipeline company sends notice by certified mail to the affected landowner (as defined in IC 8-1-22.6-2) of the public utility's or the pipeline company's intention to enter upon the landowner's property for survey purposes. The notice required by this subdivision must be mailed not later than fourteen (14) days before the date of the public utility's or the pipeline company's proposed examination or survey.
        (2) The public utility or the pipeline company receives the landowner's signed consent to enter the property to perform the proposed examination or survey.
An affected landowner may bring an action to enforce this subsection in the circuit court of the county in which the landowner's property is located. A prevailing landowner is entitled to the landowner's actual damages as a result of the public utility's or the pipeline company's violation. In addition, the court may award a prevailing landowner reasonable costs of the action and attorney's fees.