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03-14-11 Council Agenda & Packet
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03-14-11 Council Agenda & Packet
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3/10/2011 12:55:41 PM
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3/10/2011 12:47:26 PM
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City Council - City Clerk
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Page 2 <br /> Project: STP-5050(007) Parcel: 147 <br /> HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: <br /> l. By law, the Indiana Department of Transportation is required to make a good faith effort to <br /> purchase( our pro 3er ) (an easement across your property). <br /> 2. You do not have to accept this offer and the Indiana Department of Transportation is not required <br /> to agree to your demands. <br /> 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition <br /> of(your property) (an easement), the Indiana Department of Transportation has the right to file <br /> suit to condemn, and acquire the ro er )(casement) in the county in which the real estate <br /> is located. <br /> 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your <br /> choice on this matter. <br /> 5. You may object to the public purpose and necessity of this project. <br /> 6. If the Indiana Department of Transportation files a suit to ondem acquire our <br /> Proper ) (an easement)and the court grants its request to conl. will then appoint <br /> three appraisers who will make an independent appraisal of the <br /> acquired. ro er easement)to be <br /> 7. If we both agree with the court appraisers' report,then the matter is settled. However, if either <br /> of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial <br /> to decide what should be paid to you for the ro er } (easement)condemned. <br /> 8. If the court appraisers' report is not accepted by either of us, then the Indiana Department <br /> of Transportation has the legal option of depositing the amount of the court appraisers' <br /> evaluation with the court. And if such a deposit is made with the court, the Indiana <br /> Department of Transportation is legally entitled to immediate possession of the( ro er ) <br /> (easement). You may, subject to the approval of the court, make withdrawals from the amaunt <br /> deposited with court. Your withdrawal will in no way affect the proceedings of your case in <br /> court, except that, if the final judgment awarded you is less than the withdrawal you have made <br /> from the amount deposited, You will be required to pay back to the court the amount of the <br /> withdrawal in excess of the amount of the final judgment. <br />
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