Sec. 27. (a) Before an authorized employee or representative of the department enters upon, over, or under any land or water under section 26 of this chapter, the occupant of the land or water shall be notified in writing by first class United States mail of the entry not later than five (5) days before the date of entry. The employee or representative of the department shall present written identification or authorization to the occupant of the land or water before entering the land or water.
(b) At the same time and in the same manner as the notice required under subsection (a), the department shall notify the occupant and the record owner of the land or property of the following:
(1) With respect to damage that occurs to the land or property as a result of entry upon, over, or under the land or property as set forth in section 26 of this chapter:
(A) a description of the aggrieved party's right to compensation for the damage from the department; and
(B) the procedure that the aggrieved party must follow to obtain the compensation.
(2) The name, mailing address, and telephone number of an individual or office within the department to which an aggrieved party may direct questions concerning the rights and procedures described in subdivision (1).
As added by P.L.18-1990, SEC.216. Amended by P.L.99-2008, SEC.3.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 23. Indiana Department of Transportation
Chapter 7. Real Property Transactions
8-23-7-0.1. Application of Certain Amendments to Chapter
8-23-7-1. Application of Chapter
8-23-7-2. Purposes for Acquiring Real Property
8-23-7-2.5. Appraisal of Real Property
8-23-7-3. Railroad Rights-of-Way
8-23-7-4. Description of Property to Be Acquired; Preparation and Filing
8-23-7-5. Notice to Owners; Delivery
8-23-7-6. Improvement and Changes in Use of Property; Restrictions
8-23-7-7. Improvement and Changes in Use of Property; Time Limit for State Action
8-23-7-8. Variances and Building Permits; Notice to Department; Hearing
8-23-7-9. Improvement and Changes in Use of Property; Loss of Notice Rights
8-23-7-10. Publication of Information Concerning Purchased Property
8-23-7-11. Vouchers for Payment; Attaching Grant or Deed Copies
8-23-7-12. Vouchers for Payment; Certification; Payment
8-23-7-13. Sale of Surplus Property
8-23-7-13.5. Indiana Department of Transportation Nonmarketable Property
8-23-7-14. Sale of Surplus Property Separated From Abutting Parcel; Offer to Abutting Property Owner
8-23-7-16. Sale of Surplus Property Valued at Less Than $10,000
8-23-7-17. Exchange of Lands, Rights, and Easements; Criteria
8-23-7-18. Exchange of Lands, Rights, and Easements; Valuation; Payments for Differences in Value
8-23-7-19. Exchange of Lands, Rights, and Easements; Improvements
8-23-7-21. Exchange of Lands, Rights, and Easements; Improvement Completion Requirement
8-23-7-22. Change of State Highway to Tollway
8-23-7-23. Change of State Highway to Toll Road
8-23-7-24. Designated Parts of State Highway Allowed to Be Either Tollway or Toll Road
8-23-7-25. Change of State Highways to Tollways and Toll Roads; Effectiveness of Orders
8-23-7-26. Surveys and Investigations; Right of Entry
8-23-7-27. Surveys and Investigations; Notification of Occupants
8-23-7-28. Surveys and Investigations; Compensation for Damages
8-23-7-29. Priority of Actions
8-23-7-30. Municipal Acquisition of Rights-of-Way
8-23-7-31. Acquisition of Property, Rights, and Easements; Legal Description; Taxation
8-23-7-32. Preservation of Abstracts of Title, Title Insurance Policies, and Other Title Papers