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Indiana General Assembly
House Bill 1218


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House Bill 1218

ARCHIVE (2008)

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Eminent domain issues. Provides that if more than half of the members of the board of trustees of a regional water, sewer, or solid waste district are appointed rather than elected, the district may not initiate any proceeding to: (1) condemn; (2) appropriate; or (3) exercise the power of eminent domain; to acquire real property within or outside the district after March 27, 2008. Sets forth procedures to be followed by a condemnor that initiates a proceeding after March 27, 2008, to condemn a parcel of real property for use in establishing or expanding a landfill. Allows the owner of the parcel in such a proceeding to file a request for mediation at the same time that the owner files an objection or an exception in the proceeding. Provides that the condemnor must pay the owner: (1) 200% of the fair market value of the parcel; (2) other damages and compensation for any loss incurred by the owner in a trade or business because of the condemnation; (3) any relocation costs of the owner; and (4) costs of the proceeding and litigation expenses, as permitted by law. Makes a technical correction to correct a reference to a nonexistent code cite.
Current Status:
 In Committee - first House
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