Indiana Code
Chapter 4. Parks Department in Certain Cities
36-10-4-21. Eminent Domain; Damages; Prior Public Use

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter:
(1) within the corporate boundaries of the city; and
(2) before July 1, 2019, outside of the city within:
(A) ten (10) miles; or
(B) five (5) miles if the city adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981);
of the corporate boundaries of the city and within the county in which the city is located.
The board may award damages to landowners for real property and property rights appropriated or injuriously affected and assess benefits to property beneficially affected. If the board cannot agree with the owners, lessees, or occupants of any real property selected by the board for the purposes of this chapter, the board may condemn the property as provided in this chapter, and, when not inconsistent with this chapter, may proceed under statutes governing the condemnation of land and rights-of-way for other public purposes.
(b) If the land or surface of the ground on, over, or across which it is necessary or advisable to establish, construct, or improve a boulevard, parkway, or pleasure driveway is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the entity appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the ground for park purposes. However, the use by the board does not permanently prevent the use of the land or the surface of the ground for the prior public use or by the entity condemning or appropriating it. In a proceeding prosecuted by the board to condemn the use of land or the surface of the ground for purposes permitted by this chapter, the board must show that its proposed use will not permanently or seriously interfere with the continued use of the land or the surface of the ground.
[Pre-Local Government Recodification Citations: 19-7-9-8; 19-7-30-15.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16; P.L.156-2020, SEC.151.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 10. Recreation, Culture, and Community Facilities

Chapter 4. Parks Department in Certain Cities

36-10-4-1. Application of Chapter

36-10-4-2. Definitions

36-10-4-3. Department of Public Parks; Establishment; Board of Park Commissioners; Membership; Compensation; Oath

36-10-4-4. Commissioner; Appointment; Removal

36-10-4-5. Second Class City; Resolution to Extend Boundaries; Remonstrance; Referendum; Election; Effective Date of Extension; Operation of Parks

36-10-4-6. Extended Districts in Certain Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-6.1. Extended Districts in Other Counties; Board of Park Commissioners; Term; Vacancy

36-10-4-7. Board of Park Commissioners; Election of Officers; Quorum; Regular Meetings; Office; Report; Disposition of Money Received

36-10-4-8. Taxing District for Levying Special Benefit Taxes

36-10-4-9. Control of Property Within District; Public Ways Passing Through Park Property; Powers of Board

36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries

36-10-4-11. Shade Trees and Lawns Along Public Ways; Resolution Assessing Cost; Hearing; Assessments; Playgrounds; Public School Grounds or Buildings

36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes

36-10-4-13. Law Governing Adoption of Plans, Giving of Notice, and Receiving of Bids in Letting of Contract

36-10-4-14. Actions to Recover Damages for Breach of Agreement, Penalties for Violation of Ordinance, Damages for Injury to Property, and Possession of Property

36-10-4-15. Publication of Rules Adopted by Board

36-10-4-16. Taxes; Disbursements; Borrowing; General Park Fund; Special Funds; Fees; Deposits; Withdrawals

36-10-4-17. Granting of Public Utility Franchise

36-10-4-18. Ordinance Authorizing Sale of Park Lands; Disposition of Proceeds

36-10-4-19. Building Lines; Establishment by Resolution; Nature of Rights in Land Between Building Line and Park Property; Procedure; Regulation of Use of Property; Conflict of Interest

36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

36-10-4-21. Eminent Domain; Damages; Prior Public Use

36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

36-10-4-23. Improvement of Parkway, Pleasure Driveway, or Boulevard; Orders; Assessment of Costs; Remonstrance; Changing and Fixing Grade

36-10-4-24. Appropriation of Property; Purposes

36-10-4-25. Resolution to Acquire Property; Adoption; Contents; Notice of Adoption; Appraisal; Title; Hearing; Remonstrance, Final Action

36-10-4-26. Letting of Contract for Construction; Bidder's Deposit; Payment; Limitation of Cost; Validity of Contract

36-10-4-27. Properties Subject to Special Tax; Lands Subject to Special Assessment for Benefits; Determination of Benefits to All Property in City

36-10-4-28. Lists of Property Sought to Be Taken, Certain Property Incurring Particular Benefit, and Persons Affected Injuriously or Beneficially

36-10-4-29. Exempt Personal and Real Property; Exception

36-10-4-30. Awards; Determination; Notice Describing Location of Land Appropriated or Acquired

36-10-4-31. Notice to Mentally Incompetent Persons or Minors; Defects or Irregularities in Proceedings

36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs

36-10-4-33. The Local Assessment Duplicate; Collection by County Treasurer; Payment Date; Foreclosure; Installment Payments; Law Governing; Assessment Bonds; Expense of Notices

36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants

36-10-4-35. Bonds; Issuance; Purpose; Deduction of Benefits From Cost; Inclusion of Estimated Costs in One Bond Issue; Denomination; Issuance and Sale Procedure

36-10-4-36. Cumulative Building and Sinking Fund; Establishment; Levy of Tax

36-10-4-37. District Bond Fund; Proceeds From Sale of Bonds; Disposition of Fund

36-10-4-38. Special Tax to Pay Principal of Bonds and Accruing Interest; Collection; Accumulations of Fund Before Use for Payment

36-10-4-39. Payment for Land Taken or Purchased or Work Done by Contract; Recording of Land Description and Purpose of Acquisition

36-10-4-40. Separate Contracts With Another Party for Public Improvements or Repairs; Violation of Section