BURD MANAGEMENT, LLC v. STATE

No. 49S02-0411-CV-476.

831 N.E.2d 104 (2005)

BURD MANAGEMENT, LLC, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 28, 2005.


Attorney(s) appearing for the Case

Joseph W. Hammes, Tabbert Hahn Earnest & Weddle, LLP, Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

A property owner whose land is being taken for a highway project argues that the state transportation department must, to prevail in condemnation proceedings, prove that it made a good-faith offer to purchase the property prior to filing suit. We hold that Indiana Code Section 32-24-1-13(a) exempts the transportation department from any such requirement, thereby over-ruling Decker v. State,

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