Harding v. State

MILLER, Judge.

This is a case of first impression in Indiana. The issue is whether a landowner who accepts a condemnor's settlement offer of a condemnation action under Ind. Code 32-11-1-8.1, 1 which requires the plaintiff [condemnor] to make such an offer at least ten (10) days before trial, is entitled to interest. The State argues that interest is only allowed upon a trial of exceptions to the court appointed appraiser's report and therefore, since the defendants did not proceed to trial, they are not entitled to interest on the amount defendants received from the statutory pre-trial…