Sec. 10. (a) The board of an eligible entity:
(1) may exercise the power of eminent domain for the purpose of carrying out this chapter;
(2) may award damages to landowners for real property rights appropriated; and
(3) if the board cannot agree with the owners, lessees, or occupants of real property selected by the board for the purposes in this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, and restricted zones adjoining them to the extent that it is not inconsistent with this chapter.
(b) This subsection applies only to a municipality. A board may exercise the power of eminent domain under this section within four (4) miles outside of the municipality's corporate boundaries. However, with regard to an airport in existence on January 1, 2019, the board may exercise the power of eminent domain to acquire land contiguous to the airport that is located more than four (4) miles from the corporate boundaries of the municipality.
(c) If the land on or across which it is necessary to establish and fix a restricted zone is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute, and is being used for that purpose by the corporation so appropriating it, the public use or prior condemnation does not bar the right of the board to condemn the use of the ground for aviation purposes. Use by the board does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.
(d) In a proceeding prosecuted by the board to condemn the use of land for purposes permitted by this chapter, the burden is upon the board to show that its use will not permanently or seriously interfere with the continued public use of the land or by the corporation condemning it, or its successors. However, in the proceeding, the board may require the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established under this chapter. In a proceeding prosecuted by the board to condemn or appropriate land, the use of land, or rights in land for purposes permitted by this chapter:
(1) the board and all owners and holders of property or rights in property sought to be taken are governed by and have the same rights to procedure, notices, hearings, assessments, and payments of benefits and awards as are prescribed by statute for the appropriation and condemnation of real property; and
(2) the property owners have like powers and rights of remonstrance and of appeals to the circuit or superior court in the county in which the entity is located.
Appeals affect only the amount of the assessment of awards of the person appealing and must conform to all laws relating to appeals. The payment of all damages awarded for all lands, property, or rights in them appropriated under this chapter shall be paid entirely out of the funds under the control of the board.
(e) Notwithstanding this or any other statute or any charter, the eligible entity may take possession of the property to be acquired at any time after the filing of the petition describing the property in condemnation proceedings. It is not precluded from abandoning the condemnation of the property in any case where possession has not been taken. The board:
(1) may acquire and use any land reasonably necessary for the purposes of this chapter; and
(2) may not acquire or use land that is still being used and is necessary for the purposes for which it was previously condemned.
[Pre-Local Government Recodification Citation: 19-6-1-11.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.2-2002, SEC.46; P.L.277-2019, SEC.2.