Sec. 5. (a) As a condition precedent to filing a complaint in condemnation, and except for an action brought under IC 8-1-13-19 (repealed), a condemnor may enter upon the property as provided in this chapter and must, at least thirty (30) days before filing a complaint, make an offer to purchase the property in the form prescribed in subsection (c). The offer must be served personally or by certified mail upon:

(1) the owner of the property sought to be acquired; or

(2) the owner’s designated representative.

     (b) If the offer cannot be served personally or by certified mail, or if the owner or the owner’s designated representative cannot be found, notice of the offer shall be given by publication in a newspaper of general circulation in the county in which the property is located or in the county where the owner was last known to reside. The notice must be in the following form:

TO: _________________, _____________________ (owner(s)), __________________________ (condemnor) needs your property for a _____________________________________________ (description of project), and will need to acquire the following from you:

________________________________________________ (general description of the property to be acquired). We have made you a formal offer for this property that is now on file in the Clerk‘s Office in the ________ County Court House. Please pick up the offer. If you do not respond to this notice or accept the offer by ____ (a date 30 days from 1st date of publication) 20___, we shall file a suit to condemn the property.

The condemnor must file the offer with the clerk of the circuit court with a supporting affidavit that diligent search has been made and that the owner cannot be found. The notice shall be published twice as follows:

(1) One (1) notice immediately.

(2) A subsequent publication at least seven (7) days and not more than twenty-one (21) days after the publication under subdivision (1).

     (c) The offer to purchase must be in the following form:

UNIFORM PROPERTY OR EASEMENT

ACQUISITION OFFER

____________ (condemnor) is authorized by Indiana law to obtain your property or an easement across your property for certain public purposes. _____________ (condemnor) needs (your property) (an easement across your property) for a ___________________________ (brief description of the project) and needs to take __________________ (legal description of the property or easement to be taken; the legal description may be made on a separate sheet and attached to this document if additional space is required)

It is our opinion that the fair market value of the (property) (easement) we want to acquire from you is $ ____, and, therefore, _____________ (condemnor) offers you $ _______ for the above described (property) (easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the easement, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full.

HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:

1. By law, _____________ (condemnor) is required to make a good faith effort to purchase (your property) (an easement across your property).

2. You do not have to accept this offer and __________ (condemnor) is not required to agree to your demands.

3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (your property) (an easement), _____________ (condemnor) has the right to file suit to condemn and acquire the (property) (easement) in the county in which the property is located.

4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice on this matter.

5. You may object to the public purpose and necessity of this project.

6. If _____________ (condemnor) files a suit to condemn and acquire (your property) (an easement) and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (property) (easement) to be acquired.

7. If we both agree with the court appraisers’ report, then the matter is settled. However, if either of us disagrees with the appraisers’ report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (property) (easement) condemned.

8. If the court appraisers’ report is not accepted by either of us, then ______________ (condemnor) has the legal option of depositing the amount of the court appraisers’ evaluation with the court. And if such a deposit is made with the court, _____________ (condemnor) is legally entitled to immediate possession of the (property) (easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment.

9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the property or easement. The court’s decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in this notice. (The condemnor may insert here any other information pertinent to this offer or required by circumstances or law).

10. If you have any questions concerning this matter you may contact us at:

        ____________________________________________________

        ____________________________________________________

(full name, mailing and street address, and phone of the condemnor)

        This offer was made to the owner(s):

        ______________ of ________________,

        ______________ of ________________,

        ______________ of ________________,

        ______________ of ________________,

        on the _____ day of ______ 20___,

If you decide to accept the offer of $ _____ made by _____________ (condemnor) sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file.

        I (We), ______________, ______________, ___________, owner(s) of the above described property or interest in property, hereby accept the offer of $ _______ made by _________ (condemnor) on this _____ day of _______, 20___.

              Subscribed and sworn to before me this ____ day of __________, 20___.

     (d) If the condemnor has a compelling need to enter upon property to restore utility or transportation services interrupted by disaster or unforeseeable events, the provisions of subsections (a), (b), and (c) do not apply for the purpose of restoration of utility or transportation services interrupted by the disaster or unforeseeable events. However, the condemnor shall be responsible to the property owner for all damages occasioned by the entry, and the condemnor shall immediately vacate the property entered upon as soon as utility or transportation services interrupted by the disaster or unforeseeable event have been restored.

[Pre-2002 Recodification Citation: 32-11-1-2.1 part.]

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.6.