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:

(1) land;

(2) an easement;

(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.


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