Sec. 1. This chapter applies only to the following agencies: (1) A division (as defined in IC 12-7-2-69(c)), for a state institution under the administrative control of the division. (2) The state department of health, for an institution under the administrative control of the state department of health. (3) The department of correction, for a […]
Sec. 2. As used in this chapter, “road” includes an alley, a public highway, and a street. As added by P.L.7-1993, SEC.7.
Sec. 3. An agency may acquire a road abutting, adjacent to, or running through a state institution under the administrative control of the agency under this chapter. As added by P.L.7-1993, SEC.7.
Sec. 4. (a) IC 32-24 applies to acquisition of a road under this chapter. (b) The owners of all property immediately abutting that part of the road the agency wants to acquire must be made defendants to an action filed under IC 32-24. As added by P.L.7-1993, SEC.7. Amended by P.L.2-2002, SEC.31.
Sec. 5. A defendant is entitled only to the special damages that the defendant will sustain because of the following: (1) Loss of ingress and egress to and from the defendant’s abutting property. (2) Any fee interest the defendant may have in the road and other property to be taken. As added by P.L.7-1993, SEC.7.
Sec. 6. (a) If the court finds that public necessity requires that another road be established to take the place of the road acquired by the agency, the court shall order that before the road is acquired by the agency, the agency shall provide for construction of a similar road near the road taken. (b) […]
Sec. 7. All costs of acquisition of the road, including the costs of construction of a replacement road ordered under section 6 of this chapter, are appropriated from the state general fund. As added by P.L.7-1993, SEC.7.
Sec. 8. (a) A defendant shall pay the cost of the action against the defendant if the award made by the court is less than ten percent (10%) more than the final offer made to the defendant by the state. (b) If subsection (a) does not apply to a defendant, the state shall pay the […]
