Who has the power of eminent domain?
In Indiana, the power of eminent domain is granted to all governments, including the state, local governments, and certain public agencies. These entities may exercise eminent domain in accordance with the Indiana Code of Rules. The Indiana Code of Rules gives the state the power to seize private land, but in order for them to do so, they must provide justification and payment to the landowner as defined by these rules. Local governments also have the power of eminent domain in Indiana. This includes certain entities such as cities, counties, towns, and school corporations. Generally, these entities may exercise eminent domain for public projects, like building roads and other infrastructure. As with the state, they must meet the requirements set out in the Indiana Code of Rules before seizing private land. Finally, some public agencies and utilities may have the power of eminent domain in Indiana. These entities include regional water districts, sanitary districts, public transportation districts, fire protection districts, and certain telecommunications companies. Generally, they may exercise their power of eminent domain for projects related to their services, such as improving access to clean water or expanding public transportation. As with the state and local governments, they must meet the requirements set out in the Indiana Code of Rules before seizing private land.
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