CHAPTER 11. ACQUISITION AND USE OF STREETS AND HIGHWAYS BY CERTAIN AGENCIES
IC 4-20.5-11
Chapter 11. Acquisition and Use of Streets and Highways by
Certain Agencies
IC 4-20.5-11-1
Application of chapter
Sec. 1. This chapter applies only to the following agencies:
(1) A division (as defined in IC 12-7-2-69(c)), for a state
institution under the administrative control of the division.
(2) The state department of health, for an institution under the
administrative control of the state department of health.
(3) The department of correction, for a correctional facility
under the administrative control of the department of correction.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-2
"Road" defined
Sec. 2. As used in this chapter, "road" includes an alley, a public
highway, and a street.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-3
Authority to acquire road
Sec. 3. An agency may acquire a road abutting, adjacent to, or
running through a state institution under the administrative control
of the agency under this chapter.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-4
Acquisition under IC 32-24
Sec. 4. (a) IC 32-24 applies to acquisition of a road under this
chapter.
(b) The owners of all property immediately abutting that part of
the road the agency wants to acquire must be made defendants to an
action filed under IC 32-24.
As added by P.L.7-1993, SEC.7. Amended by P.L.2-2002, SEC.31.
IC 4-20.5-11-5
Damages of abutting owners
Sec. 5. A defendant is entitled only to the special damages that the
defendant will sustain because of the following:
(1) Loss of ingress and egress to and from the defendant's
abutting property.
(2) Any fee interest the defendant may have in the road and
other property to be taken.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-6
Replacement road
Sec. 6. (a) If the court finds that public necessity requires that
another road be established to take the place of the road acquired by
the agency, the court shall order that before the road is acquired by
the agency, the agency shall provide for construction of a similar
road near the road taken.
(b) If the road to be acquired by the agency is located within a city
or a town, the city or the town shall be made a defendant in the
action only for the purpose of determining the necessity for
establishing a road to replace the road acquired by the agency.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-7
Acquisition costs; appropriation
Sec. 7. All costs of acquisition of the road, including the costs of
construction of a replacement road ordered under section 6 of this
chapter, are appropriated from the state general fund.
As added by P.L.7-1993, SEC.7.
IC 4-20.5-11-8
Condemnation proceeding costs
Sec. 8. (a) A defendant shall pay the cost of the action against the
defendant if the award made by the court is less than ten percent
(10%) more than the final offer made to the defendant by the state.
(b) If subsection (a) does not apply to a defendant, the state shall
pay the cost of the action against the defendant.
As added by P.L.7-1993, SEC.7.