Sec. 28. If during an entry under section 26 of this chapter damage occurs to the land or water as a result of the entry or work performed during the entry, the department shall compensate the aggrieved party. If the aggrieved party is not satisfied with the compensation determined by the department, the amount of damages shall be assessed by the county agricultural extension educator of the county in which the land or water is located and two (2) disinterested residents of the county, one (1) appointed by the aggrieved party and one (1) appointed by the department. A written report of the assessment of damages shall be mailed to the aggrieved party and the department by first class United States mail. If either the department or the aggrieved party is not satisfied with the assessment of damages, either or both may file a petition, not later than fifteen (15) days after receiving the report, in the circuit or superior court of the county in which the land or water is located. The department shall pay any compensation awarded to an aggrieved party under this section:
(1) not more than sixty (60) days after the date on which the parties agree to the amount of the compensation; or
(2) as ordered by the circuit or superior court.
As added by P.L.18-1990, SEC.216. Amended by P.L.40-1993, SEC.3; P.L.99-2008, SEC.4.
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