Offer of purchase; notice; service; forms; restoration of utility or
transportation services
Sec. 5. (a) As a condition precedent to filing a complaint in
condemnation, and except for an action brought under IC 8-1-13-19
(repealed), a condemnor may enter upon the property as provided in
this chapter and must, at least thirty (30) days before filing a
complaint, make an offer to purchase the property in the form
prescribed in subsection (c). The offer must be served personally or
by certified mail upon:
(1) the owner of the property sought to be acquired; or
(2) the owner's designated representative.
(b) If the offer cannot be served personally or by certified mail, or
if the owner or the owner's designated representative cannot be
found, notice of the offer shall be given by publication in a
newspaper of general circulation in the county in which the property
is located or in the county where the owner was last known to reside.
The notice must be in the following form:
NOTICE
TO: _________________, _____________________ (owner(s)),
__________________________ (condemnor) needs your property
for a
______________________________________________
(description of project), and will need to acquire the following from
you:
______________________________________________ (general
description of the property to be acquired). We have made you a
formal offer for this property that is now on file in the Clerk's Office
in the ________ County Court House. Please pick up the offer. If you
do not respond to this notice or accept the offer by ____ (a date 30
days from 1st date of publication) 20___, we shall file a suit to
condemn the property.
_______________________
Condemnor
The condemnor must file the offer with the clerk of the circuit court
with a supporting affidavit that diligent search has been made and
that the owner cannot be found. The notice shall be published twice
as follows:
(1) One (1) notice immediately.
(2) A subsequent publication at least seven (7) days and not more
than twenty-one (21) days after the publication under subdivision
(1).
(c) The offer to purchase must be in the following form:
UNIFORM PROPERTY OR EASEMENT
ACQUISITION OFFER
____________ (condemnor) is authorized by Indiana law to obtain
your property or an easement across your property for certain public
purposes. _____________ (condemnor) needs (your property) (an
e a s e m e n t a c r o s s y o u r p r o p e r t y ) f o r a
___________________________ (brief description of the project)
and needs to take __________________ (legal description of the
property or easement to be taken; the legal description may be made
on a separate sheet and attached to this document if additional space
is required)
It is our opinion that the fair market value of the (property)
(easement) we want to acquire from you is $ ____, and, therefore,
_____________ (condemnor) offers you $ _______ for the above
described (property) (easement). You have twenty-five (25) days
from this date to accept or reject this offer. If you accept this offer,
you may expect payment in full within ninety (90) days after signing
the documents accepting this offer and executing the easement, and
provided there are no difficulties in clearing liens or other problems
with title to land. Possession will be required thirty (30) days after
you have received your payment in full.
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND
LEGALLY PROTECTED RIGHTS:
1. By law, _____________ (condemnor) is required to make a
good faith effort to purchase (your property) (an easement across
your property).
2. You do not have to accept this offer.
3. However, if you do not accept this offer, and we cannot come
to an agreement on the acquisition of (your property) (an
easement), _____________ (condemnor) has the right to file suit
to condemn and acquire the (property) (easement) in the county
in which the property is located.
4. You have the right to seek advice of an attorney, real estate
appraiser, or any other person of your choice on this matter.
5. You may object to the public purpose and necessity of this
project.
6. If _____________ (condemnor) files a suit to condemn and
acquire (your property) (an easement) and the court grants its
request to condemn, the court will then appoint three appraisers
who will make an independent appraisal of the (property)
(easement) to be acquired.
7. If we both agree with the court appraisers' report, then the
matter is settled. However, if either of us disagrees with the
appraisers' report to the court, either of us has the right to ask for
a trial to decide what should be paid to you for the (property)
(easement) condemned.
8. If the court appraisers' report is not accepted by either of us,
then ______________ (condemnor) has the legal option of
depositing the amount of the court appraisers' evaluation with the
court. And if such a deposit is made with the court,
_____________ (condemnor) is legally entitled to immediate
possession of the (property) (easement). You may, subject to the
approval of the court, make withdrawals from the amount
deposited with the court. Your withdrawal will in no way affect
the proceedings of your case in court, except that, if the final
judgment awarded you is less than the withdrawal you have
made from the amount deposited, you will be required to pay
back to the court the amount of the withdrawal in excess of the
amount of the final judgment.
9. The trial will decide the full amount of damages you are to
receive. Both of us will be entitled to present legal evidence
supporting our opinions of the fair market value of the property
or easement. The court's decision may be more or less than this
offer. You may employ, at your cost, appraisers and attorneys to
represent you at this time or at any time during the course of the
proceeding described in this notice. (The condemnor may insert
here any other information pertinent to this offer or required by
circumstances or law).
10. If you have any questions concerning this matter you may
contact us at:
__________________________________________________
__________________________________________________
___
(full name, mailing and street address and phone of the
condemnor)
This offer was made to the owner(s):
______________of________________,
______________of________________,
______________of________________,
______________of________________,
on the _____ day of ______ 20___,
BY:
_________________________
(signature)
____________________
_
(printed name and title)
Agent of: ___________________
(condemnor)
If you decide to accept the offer of $ _____ made by
_____________ (condemnor) sign your name below and mail
this form to the address indicated above. An additional copy of
this offer has been provided for your file.
ACCEPTANCE OF OFFER
I (We), ______________, ______________, ___________,
owner(s) of the above described property or interest in
property, hereby accept the offer of $ _______ made by
_________ (condemnor) on this _____ day of _______,
20___.
_______________________________________
_______________________________________
_______________________________________
_______________________________________
NOTARY'S CERTIFICATE
STATE OF _____________ )
)SS:
COUNTY OF ___________ )
Subscribed and sworn to before me this ____ day of
__________, 20___.
My Commission Expires: __________
__________________________________
(Signature)
________________________________________________
(Printed) NOTARY PUBLIC
(d) If the condemnor has a compelling need to enter upon property
to restore utility or transportation services interrupted by disaster or
unforeseeable events, the provisions of subsections (a), (b), and (c)
do not apply for the purpose of restoration of utility or transportation
services interrupted by the disaster or unforeseeable events.
However, the condemnor shall be responsible to the property owner
for all damages occasioned by the entry, and the condemnor shall
immediately vacate the property entered upon as soon as utility or
transportation services interrupted by the disaster or unforeseeable
event have been restored.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006