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WHAT IF I CAN'T REACH AN <br />AGREEMENT WITH THE STATE? <br />If you don't accept the offer, the following <br />steps are taken to acquire the property <br />through eminent domain proceedings. <br />1. The IDOH passes a condemnation <br />resolution and files a condemnation suit. <br />2. The court appoints three appraisers who <br />make an independent appraisal of the <br />property. <br />3. If you or the state disagree with the <br />appraiser's report, either party has the <br />right to ask for a jury trial to decide <br />payment for the condemned property. <br />Your rights are fully protected under the <br />law. You will have the opportunity to present <br />your case. <br />WHAT IF I HAVE TO MOVE BEFORE <br />THE COURT MAKES AN AWARD? <br />If the court appraiser's report is not <br />accepted by either party, the IDOH has the <br />legal option of depositing the amount of the <br />appraiser's evaluation with the court. When <br />a deposit is made, the IDOH is legally entitled <br />to immediate possession of the property. <br />If an occupied dwelling is involved in the <br />acquisition, a thirty (30) day notice is sent. <br />This notice states you have a minimum of 30 <br />days from the date of the court deposit in <br />which to move. You may, subject to court <br />approval, withdraw from the amount <br />deposited with the court. <br />Your withdrawals in no way affect the <br />proceedings in your court case. But, if the <br />final award is less than the withdrawal you <br />have made, you will be required to repay the <br />court any excess owed over the final award. <br />WHAT ABOUT IMPROVEMENT <br />ON MY PROPERTY? <br />Two alternatives are offered if buildings or <br />other improvements are on land needed for <br />the right-of-way. <br />First, you may sell the improvements to the <br />state. You will be offered full, fair -market <br />value for your improvements and land. <br />Second, you may keep your improvements <br />for the appraised salvage value and then <br />move them, at your expense, to another <br />location of your choice. <br />HOW MUCH TIME WILL I HAVE? <br />The IDOH makes every effort to time its <br />offer of purchase well in advance of <br />construction. No occupant will have to move <br />without a minimum of ninety (90) days notice <br />after negotiations have begun. In some cases <br />more time is available. <br />1 2 3 4 5 1 2 3 4 r~ ~•1 2 <br />6 7 8 9 10 11 22 5 6 7 8 9 10 11 3 4 5 6 7 8 9 <br />13 M 16 16 17 18 19 12 13 14 16 16 17 18 10 11 12 13 14 15 18 <br />20 21 22 23 24 25 26 19 20 21 22 23 24 25 T7 18 19 20 21 22 23 <br />27 28 29 30 26 27 28 29 30 24 25 26 27 28 29 30 <br />-4- -5- <br />