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Ind. Code § 14-33-8-13

Acceptance of appraisal; acquiescence in failure to appraise damages; exceptions

Applied in 2 court decisions — leading case Clear Creek Conservancy District v. Kirkbride (1999)

Most recently applied in The Clear Creek Conservancy District v. Kirkbride (March 2001)

As added by P.L.1-1995, SEC.26.

Sec. 13. (a) A freeholder who owns land in the district or any person may accept the appraisal of the board of appraisers of exceptional benefits or damages to real property:

(1) to be taken or used; and

(2) in which the person is an interested person.

(b) The same owner or person may acquiesce in the failure of the board of appraisers to appraise damages in favor of the interested person. The owner or person is considered to have acquiesced in the failure to appraise damages unless, within the time limit prescribed by the notice of hearing on the report of the board of appraisers, the interested person files an exception to the appraisers' report specifying in the exceptions:

(1) the appraisal of exceptional benefits or damages; or

(2) the land or easement to be taken in which the owner or person is an interested person.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.