Entry on land; purchase before instituting proceedings
Sec. 3. (a) Any person that may exercise the power of eminent
domain for any public use under any statute may exercise the power
only in the manner provided in this article, except as otherwise
provided by law.
(b) Before proceeding to condemn, the person:
(1) may enter upon any land to examine and survey the property
sought to be acquired; and
(2) must make an effort to purchase for the use intended the
land, right-of-way, easement, or other interest, in the property.
(c) If the land or interest in the land, or property or right is owned
by a person who is an incapacitated person (as defined in
IC 29-3-1-7.5) or less than eighteen (18) years of age, the person
seeking to acquire the property may purchase the property from the
guardian of the incapacitated person or person less than eighteen (18)
years of age. If the purchase is approved by the court appointing the
guardian and the approval is written upon the face of the deed, the
conveyance of the property purchased and the deed made and
approved by the court are valid and binding upon the incapacitated
person or persons less than eighteen (18) years of age.
(d) The deed given, when executed instead of condemnation,
conveys only the interest stated in the deed.
(e) If property is taken by proceedings under this article, the entire
fee simple title may be taken and acquired if the property is taken for
any purpose other than a right-of-way.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006