This is a statutory form for acceptance of an offer from the Condemnor by the Landowner in an eminent domain cause of action. Upon ordering, you may download the form in Word or Rich Text formats.
Indianapolis Indiana Acceptance of Offer by Landowner from Condemnor - Eminent Domain
Category:
State:
Indiana
City:
Indianapolis
Control #:
IN-02182
Format:
Word;
Rich Text
Instant download
Description
How to fill out Indiana Acceptance Of Offer By Landowner From Condemnor - Eminent Domain?
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FAQ
Indiana's adverse possession laws require an individual to occupy a neglected property publicly for at least 10 years.
The eminent domain power is subjected to certain constitutional limits such as: The property acquired must be taken for a ?public use;? The state must pay ?just compensation? in exchange for the property; No person must be deprived of his/her property without due process of law.
You might be wondering, ?Do you get paid for eminent domain?? The short answer is yes. If the government, or some other condemnor (like a utility company, for example), is taking your property using the power of eminent domain, they must pay you just compensation.
Just compensation in a partial taking scenario can be viewed in terms of difference of your property's value before the taking (before value) less what it is worth after the taking (after value). The difference is the amount of total just compensation due.
A person must occupy a property for at least ten years in Indiana to make an adverse possession claim. During this period, the person must also prove additional continuous actions that meet the other conditions necessary for an adverse possession claim. Exclusive and continuous possession is necessary to show control.
Requirements of adverse possession include exclusive use, continuous use and open takeover of the land. You can prevent adverse possession by marking boundary lines and providing written permission of use.
In Indiana, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
If a homeowner in Indiana wanted to claim a parcel of land via an adverse possession claim, the elements that homeowner would need to meet are control, intent, notice, and duration for 10 period of years, along with a substantial compliance with the payment of taxes due on the disputed tract of land.
To go forward with adverse possession, the person, known as the claimant, needs to inform the actual owner. The claimant may provide formal notice to the owner of the record or fulfill the notice requirement constructively. This would occur when the claimant's actions make clear the intention of assuming ownership.
Indiana Code § 32-21-7-1 provides a party claiming title through adverse possession must demonstrate that he or she paid taxes on the disputed land.
