Objections to proceedings; appeals
Sec. 8. (a) A defendant may object to the proceedings:
(1) because the court does not have jurisdiction either of the
subject matter or of the person;
(2) because the plaintiff does not have the right to exercise the
power of eminent domain for the use sought; or
(3) for any other reason disclosed in the complaint or set up in
the objections.
(b) Objections under subsection (a) must be:
(1) in writing;
(2) separately stated and numbered; and
(3) filed not later than the first appearance of the defendant.
(c) The court may not allow pleadings in the cause other than the
complaint, any objections, and the written exceptions provided for in
section 11 of this chapter. However, the court may permit
amendments to the pleadings.
(d) If an objection is sustained, the plaintiff may amend the
complaint or may appeal from the decision in the manner that
appeals are taken from final judgments in civil actions. All the
parties shall take notice and are bound by the judgment in an appeal.
(e) If the objections are overruled, the court shall appoint
appraisers as provided for in this chapter. Any defendant may appeal
the interlocutory order overruling the objections and appointing
appraisers in the manner that appeals are taken from final judgments
in civil actions upon filing with the circuit court clerk a bond:
(1) with the penalty that the court fixes;
(2) with sufficient surety;
(3) payable to the plaintiff; and
(4) conditioned for the diligent prosecution of the appeal and
for the payment of the judgment and costs that may be affirmed
and adjudged against the appellants.
The appeal bond must be filed not later than ten (10) days after the
appointment of the appraisers.
(f) All the parties shall take notice of and be bound by the
judgment in the appeal.
(g) The transcript must be filed in the office of the clerk of the
supreme court not later than thirty (30) days after the filing of the
appeal bond. The appeal does not stay proceedings in the cause.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006