January 8, 2004, read first time and referred to Committee on Judiciary.
January 29, 2004, amended, reported favorably _ Do Pass.
February 2, 2004, read second time, amended, ordered engrossed.
February 3, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2003 Regular Session of the General Assembly.
SENATE BILL No. 201
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 32-24-1-4, AS ADDED BY P.L.2-2002, SECTION
9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]: Sec. 4. (a) If the person seeking to acquire the property does not
agree with the owner of an interest in the property or with the guardian
of an owner concerning the damages sustained by the owner, the person
seeking to acquire the property may file a complaint for that purpose
with the clerk of the circuit court of the county where the property is
(b) The complaint must state the following:
(1) The name of the person seeking to acquire the property. This
person shall be named as the plaintiff.
(2) The names of all owners, claimants to, and holders of liens on
the property, if known, or a statement that they are unknown.
These owners, claimants, and holders of liens shall be named as
(3) The use the plaintiff intends to make of the property or right
sought to be acquired.
(4) If a right-of-way is sought, the location, general route, width,
and the beginning and end points of the right-of-way.
(5) A specific description of each piece of property sought to be
acquired and whether the property includes the whole or only part
of the entire parcel or tract. If property is sought to be acquired by
the state or by a county for a public highway or by a municipal
corporation for a public use and the acquisition confers benefits
on any other property of the owner, a specific description of each
piece of property to which the plaintiff alleges the benefits will
accrue. Plats of property alleged to be affected may accompany
(6) That the plaintiff has been unable to agree for the purchase of
the property with the owner, owners, or guardians, as the case
may be, or that the owner is mentally incompetent or less than
eighteen (18) years of age and has no legally appointed guardian,
or is a nonresident of Indiana.
(c) All parcels lying in the county and required for the same public
use, whether owned by the same parties or not, may be included in the
same or separate proceedings at the option of the plaintiff. However,
the court may consolidate or separate the proceedings to suit the
convenience of parties and the ends of justice. The filing of the
complaint and a lis pendens notice in any eminent domain action
under this article
constitutes notice of proceedings to all subsequent
purchasers and persons taking encumbrances of the property, who are
bound by the notice.