Senate Bill 288
Engrossed Senate Bill (S)
DIGEST
Eminent domain proceedings. Defines a "pipeline company" and a "public utility" for purposes of the statute governing the general procedures to be used in acquiring property by eminent domain. Provides that in an eminent domain action filed by a public utility or a pipeline company after June 30, 2022, if a defendant files written exceptions to the assessment of the court appointed appraisers, the defendant may file a request for mediation at the same time the exceptions are filed. Provides that if the defendant files a request for mediation: (1) the court shall appoint a mediator not later than 10
Eminent domain proceedings. Defines a "pipeline company" and a "public utility" for purposes of the statute governing the general procedures to be used in acquiring property by eminent domain. Provides that in an eminent domain action filed by a public utility or a pipeline company after June 30, 2022, if a defendant files written exceptions to the assessment of the court appointed appraisers, the defendant may file a request for mediation at the same time the exceptions are filed. Provides that if the defendant files a request for mediation: (1) the court shall appoint a mediator not later than 10
days after the request is filed; (2) the plaintiff shall engage in good faith mediation with the defendant; (3) the mediation must be concluded not later than 90 days after the appointment of the mediator; and (4) the plaintiff shall pay the costs of the mediator. Provides that if the parties are unable to reach an agreement as to the assessment of the damages in a mediation, the case shall proceed to trial. Provides that in any trial of exceptions in an eminent domain proceeding: (1) the court appointed appraisers' report; and (2) the amount of the court appointed appraisers' assessment of damages upon which the exceptions in the trial are based; are not admissible as evidence in the proceedings. Provides, however, that a court appointed appraiser may: (1) testify at trial without reference to the report of the court appointed appraisers or to the appraiser's previous appointment in the case; and (2) be examined as to the value of the property sought to be acquired independent of the report and without reference to it; as set forth in existing Indiana case law. Changes the amount of litigation expenses a court shall allow a defendant in any trial in an eminent domain proceeding in which the amount of damages awarded to the defendant by the judgment is greater than the amount specified in the plaintiff's last offer of settlement.
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