Forfeitures; failure to pay damages or take possession
Sec. 15. (a) If the person seeking to take property under this
article fails:
(1) to pay the assessed damages not later than one (1) year after
the appraisers' report is filed, if exceptions are not filed to the
report;
(2) to pay:
(A) the damages assessed if exceptions are filed to the
appraisers' report and the exceptions are not sustained; or
(B) the damages assessed and costs if exceptions are filed to
the appraisers' report and the exceptions are sustained;
not later than one (1) year after the entry of the judgment, if an
appeal is not taken from the judgment;
(3) to pay the damages assessed or the judgment rendered in the
trial court not later than one (1) year after final judgment is
entered in the appeal if an appeal is taken from the judgment of
the trial court; or
(4) to take possession of the property and adapt the property for
the purpose for which it was acquired not later than five (5)
years after the payment of the award or judgment for damages,
except where a fee simple interest in the property is authorized
to be acquired and is acquired;
the person seeking to acquire the property forfeits all rights in the
property as fully and completely as if the procedure to take the
property had not begun.
(b) An action to declare a forfeiture under this section may be
brought by any person having an interest in the property sought to be
acquired, or the question of the forfeiture may be raised and
determined by direct allegation in any subsequent proceedings, by
any other person to acquire the property for a public use. In the
subsequent proceedings the person seeking the previous acquisition
or the person's proper representatives, successors, or assigns shall be
made parties.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006