Fill and Sign the Notice to Landowner Land or Acquisition Offer Acceptance Form Etc Indiana

NOTICE FORMS TO: __________________________, ________________________ (owner(s)) _________________________ (condemnor) needs your land for a _______________________ ______________________________ (description of project), and will need to acquire the following from you: ____________________________________________________________ _____________________________________________________________________________ ______________________________________________________________________________ _______________________(general description of land or interest to be acquired). We have made you a formal offer for this land (or interest) which is now on file in the Clerk's Office in the __________________________ County Court House. Please pick up the offer. If you do not respond to this notice, or accept the offer by _________________ (a date 30 days from 1st date of publication) 19___, we shall file a suit to condemn the land or interest therein. _________________________________ Condemnor UNIFORM LAND OR EASEMENT ACQUISITION OFFER __________________________ (condemnor) is authorized by Indiana law to obtain your land or an easement across your land for certain public purposes. _________________________ (condemnor) needs (your land) (an easement across your land) for a ______________________ ___________________ (brief description of the project) and needs to take __________________ __________________________________________________ _____(legal description of land or interest in land to be taken; the legal description may be made on a separate sheet and attached to this document if additional space is required) It is our opinion that the fair market value of the (property) (easement) we want to acquire from you is $ _________________, and, therefore, _________________________ (condemnor) offers you $ ______________________ for the above described (property) (easement). You have twenty - five (25) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the easement, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full. HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 1. By law, _______________________________ (condemnor) is required to make a good faith effort to purchase (your property) (an easement across your property). 2. You do not have to accept this offer. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (your land) (an easement), _______________________________ (condemnor) has the right to file suit to condemn and appropriate the (land) (easement) in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. If _______________________________ (condemnor) files a suit to condemn and appropriate (your land) (an easement), and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (land) (easement) to be appropriated. 7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (land) (easement) condemned. 8. If the court appraisers' report is not accepted by either of us, then ____________________________ (condemnor) has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, _____________________________ (condemnor) is legally entitled to immediate possession of the (land) (easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. 9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the land or easement. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in this notice. (The condemnor may insert here any other information pertinent to this offer or required by circumstances or law). 10. If you have any questions concerning this matter you may contact us at: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (full name, mailing and street address and phone of the condemnor) This offer was made to the owner(s): __________________________________ of _____________________________, __________________________________ of _____________________________, __________________________________ of _____________________________, __________________________________ of _____________________________, on the _________ day of __________ 19 ______, BY: ______________________________ (signature) __________________________________ __________________________________ (printed name and title) Agent of: __________________________ (condemnor) If you decide to accept the offer of $ _______________ made by ___________________________ (condemnor) sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file. ACCEPTANCE OF OFFER I (We), _______________________________, _______________________________, _____________________________, landowner(s) of the above described property or interest in property, hereby accept the offer of $ _____________ made by ___________________ (condemnor) on this __________ day of ____________, 19 ________. __________________________________ Landowner Signature __________________________________ Landowner Signature __________________________________ Landowner Signature __________________________________ Landowner Signature NOTARY'S CERTIFICATE STATE OF _______________ COUNTY OF _____________ Subscribed and sworn to before me this _______ day of __________, 19 _____. My Commission Expires: ______________________ _________________________________ (Signature) _________________________________ (Printed) NOTARY PUBLIC NOTICE TO APPEAR IN COURT In the ____________ Court of Indiana. To the Sheriff of ____________ County, Indiana: You are hereby commanded to notify _________________________, defendants, to appear before the __________________ Court of ___________________ County, Indiana (or if said court is in vacation) the Hon. _____________________, judge of the ________________ Court of __________________ County, Indiana, at his chambers in the courthouse of said ___________________ County, on the _______ day of ____________, 19 ______, at _______ o'clock, _______ M. to show cause, if any, they have why the real estate sought to be appropriated in the complaint of _____________________________ should not be appropriated. Witness my hand and the seal of said court affixed at ____________, Indiana, this _____ day of __________, 19 ___ Clerk of _________________ Court. IN-02185