Indiana Code 14-28-1-11. Eminent domain powers
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Sec. 11. (a) The commission may exercise the power of eminent domain. If the commission is unable to agree with the owner for the purchase of:
(2) an easement;
(1) land;
Terms Used In Indiana Code 14-28-1-11
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- flood easement: means an easement on property to be inundated or covered by water. See Indiana Code 14-28-1-3
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(3) a flood easement;
(4) other interest in land; or
(5) other property or right that in the commission’s opinion is necessary for the commission’s purposes;
the commission may acquire the property or right by condemnation under IC 32-24.
(b) The commission must adopt an appropriate resolution and deliver the resolution to the attorney general.
(c) The attorney general shall commence and prosecute an action in the name of the state of Indiana on the relation of the commission for the appropriation of the property or right. The title to the property or right acquired vests in the state.
[Pre-1995 Recodification Citation: 13-2-22-10.]
As added by P.L.1-1995, SEC.21. Amended by P.L.2-2002, SEC.61.