SB 201-1_ Filed 01/28/2004, 15:51

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Judiciary, to which was referred Senate Bill No. 201, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 2, line 22; (04)CR020101.2. -->     Page 2, line 22, before "constitutes" insert " in any eminent domain action under this article".
    Page 2, after line 24, begin a new paragraph and insert:
SOURCE: IC 32-24-1-7; (04)CR020101.2. -->     "SECTION 2. IC 32-24-1-7, AS ADDED BY P.L.2-2002, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 7. (a) The notice, upon its return, must show its:
        (1) service for ten (10) days; or
        (2) proof of publication for three (3) successive weeks in a weekly newspaper of general circulation printed and published in the English language in the county in which the property sought to be acquired is located.
The last publication of the notice must be five (5) days before the day set for the hearing.
    (b) The clerk of the court in which the proceedings are pending, upon the first publication of the notice, shall send to the post office address of each nonresident owner whose property will be affected by the proceedings a copy of the notice, if the post office address of the owner or owners can be ascertained by inquiry at the office of the treasurer of the county.
    (c) The court, being satisfied of the regularity of the proceedings

and the right of the plaintiff to exercise the power of eminent domain for the use sought, shall appoint three (3) disinterested freeholders of the county, at least one (1) of whom is:
        (1) a real estate broker licensed in Indiana;
        (2) an appraiser certified or licensed in Indiana;
or
        (3) both;

to assess the damages, or the benefits and damages, as the case may be, that the owner or owners severally may sustain, or be entitled to, by reason of the acquisition.

SOURCE: IC 32-24-3-2; (04)CR020101.3. -->     SECTION 3. IC 32-24-3-2, AS ADDED BY P.L.2-2002, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. Upon filing the petition, the attorney general shall provide the owners of the property the notice required by law in the commencement of a civil action. It is sufficient to make defendants to the petition all persons who are in possession of the property and those who appear to be the owners or to have any interest in the property by the tax duplicates and the records in the offices of the auditor and recorder of the county. After notice has been given, the court shall appoint three (3) resident freeholders of the county where the property is located, at least one (1) of whom is:
        (1) a real estate broker licensed in Indiana;
        (2) an appraiser certified or licensed in Indiana;
or
        (3) both;

to appraise the value of the property.".
    (Reference is to SB 201 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 2.

____________________________________

    Bray
Chairperson


CR020101/DI 106    2004