Notice to appear in court; publication; nonresident landowners;
assessment of damages
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 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.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006