Citations Affected: IC 32-11-1-5.5 .
Synopsis: Eminent domain. Provides that when a person brings an
eminent domain proceeding against land that is already in public use,
the court may determine which of the competing public uses has
priority. Requires the court to dismiss the eminent domain proceeding
if the court finds that the land already in public use has priority, and
permits the court to limit the amount of land taken in an eminent
domain proceeding against land already in public use to only that land
reasonably necessary to accomplish the public use. Permits the court
to consider land already owned by the condemnor in determining how
much land, if any, the condemnor requires for its public use. Provides
that these provisions do not apply where the land that is the subject of
the condemnation proceeding is to be used for the construction of a
road or highway. Permits either party to appeal the court's ruling.
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Public Policy, Ethics and
A BILL FOR AN ACT to amend the Indiana Code concerning
the land that is the subject of the condemnation proceeding, the
court may limit the eminent domain proceeding to only that part
of the land reasonably necessary to accomplish the condemnor's
public use. In making a determination under this subsection, the
court may consider evidence that the condemnor already owns
land that is appropriate to accomplish the public use.
(d) If the court determines under subsection (a) that the public use for which the condemnor seeks to take the owner's land has priority but that the public use for which the condemnor seeks to take the land may be reasonably accomplished using land that the condemnor already owns, the court shall dismiss the eminent domain proceeding against the land described in subsection (a)(1).
(e) This section does not apply to an eminent domain proceeding in which the condemnor seeks to take land for the construction of a road or highway.
(f) A party may appeal the court's determination under this section as described in section 5 of this chapter.