Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-23-17-14 Moving expense and dislocation allowances
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Sec. 14. A displaced person eligible for payments under section 13 of this chapter who is displaced from a dwelling and who elects to accept the payments authorized by this section in lieu of the payments authorized by section 13 may receive a moving expense allowance and a dislo…
Ind. Code § 8-23-17-16 Allowance for lease or rental of adequate replacement dwelling
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Sec. 16. Except as provided in section 12(3) and 12(4) of this chapter, and in addition to payments otherwise authorized by this chapter, the agency shall make a payment to or for the benefit of a displaced person from a dwelling actually and lawfully occupied by the displaced pe…
Ind. Code § 8-23-17-17 Allowance for down payment and closing costs for purchase of
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adequate replacement dwelling Sec. 17. (a) In lieu of the amount determined under section 16 of this chapter, the agency may make a payment to the displaced person in an amount necessary to enable the person to make a down payment on the purchase of an adequate replacement dwelli…
Ind. Code § 8-23-17-18 Relocation advisory assistance program
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Sec. 18. Whenever acquisition of, or code enforcement upon, real property by an agency will result in the displacement of a person, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in section 20 of th…
Ind. Code § 8-23-17-2 "Agency head" defined
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Sec. 2. As used in this chapter, "agency head" means the governing body or principal executive officer of an agency, or a duly designated delegate of the governing body or principal executive officer. As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-17-20 Relocation assistance advisory programs; measures, facilities,
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and services Sec. 20. Each relocation assistance advisory program required by section 18 of this chapter shall include measures, facilities, or services as may be necessary or appropriate in order to: (1) determine the need, if any, of displaced persons for relocation assistance;…
Ind. Code § 8-23-17-21 Coordination with government community actions
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Sec. 21. Agencies shall coordinate relocation activities with project work and with other planned or proposed governmental actions in the community or nearby areas that may affect the carrying out of relocation assistance programs. As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-17-22 Service contracts; use of other agencies
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Sec. 22. (a) To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, an agency required by this chapter to make relocation payments to displaced pe…
Ind. Code § 8-23-17-23 Rules and procedures; establishment
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Sec. 23. Each agency head is authorized to establish rules and procedures as necessary to assure the following: (1) The payments and assistance authorized by this chapter shall be administered in a manner that is fair and reasonable, as uniformly as practicable. (2) A displaced p…
Ind. Code § 8-23-17-24 Rules and provisions; adoption by agency heads and governor
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Sec. 24. Each agency head may adopt rules and procedures, consistent with this chapter, as necessary or appropriate to carry out its purposes. The governor may, with the approval of the attorney general, adopt uniform rules and procedures, including uniform schedules of payments …
Ind. Code § 8-23-17-25 Policy guidelines
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Sec. 25. All agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiation…
Ind. Code § 8-23-17-26 Reimbursement of conveyance expenses, penalties, and real
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property taxes Sec. 26. The acquiring agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in eminent domain proceedings to acquire real property, whichever is the earlier, sha…
Ind. Code § 8-23-17-27 Awards for condemnation proceeding expenses
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Sec. 27. (a) The court having jurisdiction of a proceeding instituted by an agency to acquire real property by eminent domain shall award the owner of a right, or title to, or interest in, the real property the sum that will in the opinion of the court reimburse the owner for rea…
Ind. Code § 8-23-17-28 Adequate replacement dwelling requirement
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Sec. 28. A person is not required to move from the person's dwelling by an agency acquiring the dwelling or engaged in a code enforcement program unless the agency head has determined that an adequate replacement dwelling is available to the person. As added by P.L.18-1990, SEC.2…
Ind. Code § 8-23-17-29 Effect of chapter
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Sec. 29. (a) Section 25 of this chapter does not create a legal right or liability and does not affect the validity of property acquisitions by purchase or condemnation. (b) This chapter does not create an element of value or damages not in existence before April 16, 1971, in any…
Ind. Code § 8-23-17-3 "Displaced person", "displaced", and "displacement" defined
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Sec. 3. As used in this chapter, "displaced person" or "displaced" or "displacement" with reference to a person, means a person who moves from real property, or moves personal property from real property, because of the acquisition of the real property and the improvements locate…
Ind. Code § 8-23-17-30 Federal assistance; compliance with federal law
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Sec. 30. An agency acquiring real property or engaging in code enforcement activities under a program under which federal financial assistance is or will be available to pay the cost of the program is authorized to enter into an agreement with the appropriate federal agency under…
Ind. Code § 8-23-17-31 Federal assistance; noncompliance with chapter
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Sec. 31. An agency acquiring real property or engaging in code enforcement activities with federal financial assistance or acquiring real property reasonably anticipating that federal funds might be used to reimburse the cost of construction or other activity for which the real p…
Ind. Code § 8-23-17-32 Tax exemptions; effect of payments on public assistance
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eligibility Sec. 32. (a) All amounts paid to displaced persons under this chapter are exempt from taxation under IC 6-3. (b) A payment received under this chapter is not considered as income for the purpose of determining the eligibility or extent of eligibility of any person for…
Ind. Code § 8-23-17-33 Review of determination
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Sec. 33. A person aggrieved by a determination made by an agency head under this chapter may have the determination reviewed by the governing body or principal executive officer of the agency. A final determination of the agency is subject to judicial review under IC 4-21.5-5. As…
Ind. Code § 8-23-17-34 Waiver of eminent domain power; notice to property owner
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Sec. 34. This chapter is not applicable to the purchase of a parcel of real property by an agency if the agency head gives notice in writing to the owner of the property not later than the date of its first offer to purchase the property that the agency will not exercise a right …
Ind. Code § 8-23-17-35 Financing of payments
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Sec. 35. Funds appropriated or otherwise available to an agency for the acquisition of real property or an interest in real property or for the conduct of code enforcement programs shall also be available to carry out this chapter. As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-17-4 "Business" defined
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Sec. 4. As used in this chapter, "business" means any lawful activity, excepting a farm operation, conducted primarily: (1) for the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any …
Ind. Code § 8-23-17-5 "Farm operation" defined
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Sec. 5. As used in this chapter, "farm operation" means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing products or commodities in sufficient q…
Ind. Code § 8-23-17-6 "Dwelling" defined
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Sec. 6. As used in this chapter, "dwelling" means any room, suite of rooms, apartment, trailer, or house occupied or intended to be occupied as a personal residence by one (1) family or by one (1) or more individuals utilizing the same kitchen facilities. The term does not includ…
Ind. Code § 8-23-17-7 "Adequate replacement dwelling" defined
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Sec. 7. As used in this chapter, "adequate replacement dwelling" means a dwelling that is: (1) at least comparable in essential accommodations and value to the dwelling acquired by the agency; (2) a decent, safe, and sanitary dwelling meeting all minimum requirements of applicabl…
Ind. Code § 8-23-17-8 "Gross monthly income" defined
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Sec. 8. As used in this chapter, "gross monthly income" means the average of such income during the twelve (12) month period immediately preceding displacement and includes income from all sources whether or not such income is taxable under any state or federal law, and also incl…