Ind. Code ch. 16-22-9

in effect

Ind. Code § 16-22-9-1 Application of chapter

Sec. 1. This chapter applies to a county containing any of the following: (1) A second class city. (2) A consolidated city. [Pre-1993 Recodification Citation: 16-12-22-2 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-2 General hospital defined

Sec. 2. As used in this chapter, "general hospital" means an inpatient facility open to the general public that admits any combination of maternity, acute, or long term medical or surgical patients and provides personal care, x-rays, laboratory, surgery, and other recognized hospital specialized diagnostic or treatment facilities and services for the purpose of furnishing inpatient medical or surgical care. [Pre-1993 Recodification Citation: 16-12-22-1(b).] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-3 General hospital services defined

Sec. 3. As used in this chapter, "general hospital services" means hospital services furnished by a general hospital. [Pre-1993 Recodification Citation: 16-12-22-1(c).] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-4 General hospital as public use

Sec. 4. General hospitals owned and operated by nonprofit hospital corporations are declared to be a public use. [Pre-1993 Recodification Citation: 16-12-22-2 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-5 Conditions for exercise of eminent domain

Sec. 5. The county executive or the city legislative body of a city in a county subject to this chapter may acquire by condemnation real property or an interest in real property, including any buildings, structures, or other improvements, immediately adjacent to and necessary for the expansion of a general hospital owned and operated by a nonprofit hospital corporation if the following conditions are met: (1) The construction of hospital facilities is to begin not more than three (3) years after the date of acquisition by condemnation. (2) The county executive or the city legislative body finds that the acquisition and expansion is necessary. [Pre-1993 Recodification Citation: 16-12-22-2 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-6 Use and purposes of condemnation; reversion upon failure to commence hospital construction

Sec. 6. The condemnation and acquisition must be for the use and benefit of and at the expense of the nonprofit hospital corporation as set forth in section 9 of this chapter. If construction of hospital facilities is not commenced not more than three (3) years after the date of acquisition by condemnation, the title to the real property reverts to the person from which the property was acquired. The time for commencing construction is extended by delays caused by strikes, lockouts, fire, or causes beyond the control of the nonprofit hospital corporation. [Pre-1993 Recodification Citation: 16-12-22-2 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-7 Commencement of construction; filing of affidavit

Sec. 7. An officer of the corporation shall, not more than sixty (60) days after the commencement of construction, make and file with the county recorder an affidavit showing the date of commencement of construction. An action to effect reversion or to put in issue the commencement of construction within the required time must be commenced not more than two (2) years after the filing of the affidavit. [Pre-1993 Recodification Citation: 16-12-22-2 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-8 Terms and conditions of acquisition

Sec. 8. The acquisition and condemnation authorized by this chapter shall be made in accordance with IC 32-24-1 and IC 32-24-6. [Pre-1993 Recodification Citation: 16-12-22-3.] As added by P.L.2-1993, SEC.5. Amended by P.L.2-2002, SEC.68.

Ind. Code § 16-22-9-9 Payment of costs, attorney's fees, and damages to real estate owner

Sec. 9. The: (1) costs and expenses incurred in the condemnation proceedings, including reasonable attorney's fees for the condemning authority; and (2) award or damages due the owner of the real property taken in the condemnation proceedings; shall be paid by the nonprofit hospital corporation to the owner of the real property or to the clerk of the court and possession taken by the nonprofit hospital corporation in accordance with IC 32-24-1-10. [Pre-1993 Recodification Citation: 16-12-22-4 part.] As added by P.L.2-1993, SEC.5. Amended by P.L.2-2002, SEC.69.

Ind. Code § 16-22-9-10 Abandonment of proceedings

Sec. 10. If the nonprofit hospital corporation elects to abandon the condemnation proceedings, the corporation shall pay the expenses or losses actually incurred by the condemning authority arising out of the condemnation proceedings. The nonprofit hospital corporation may enter into the defense against claims or demands arising out of the condemnation proceedings. [Pre-1993 Recodification Citation: 16-12-22-4 part.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-11 Transfer of acquired property

Sec. 11. When the nonprofit hospital corporation has paid the amount of the award or damages, and all costs and expenses incurred in the condemnation proceedings, including reasonable attorney's fees for the condemning authority, the condemning authority shall transfer, assign, and convey to the nonprofit hospital corporation the real property acquired in the condemnation proceedings. [Pre-1993 Recodification Citation: 16-12-22-5.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-12 Operation of benefited hospitals; discrimination; rates and charges; use by nonresidents

Sec. 12. A nonprofit hospital corporation for whose use and benefit condemnation proceedings are instituted shall be operated for the benefit of all the inhabitants of the county without discrimination. The rates and charges for services must be reasonable and be uniform for all inhabitants of the county. The governing body of the hospital may extend the privileges and use of the hospital to persons residing outside of the county upon terms and conditions the governing body prescribes. [Pre-1993 Recodification Citation: 16-12-22-6.] As added by P.L.2-1993, SEC.5.

Ind. Code § 16-22-9-13 Physician use of facilities

Sec. 13. The grant or exercise of the power of condemnation under this chapter for the use and benefit of a nonprofit hospital corporation does not control, limit, or alter the right of the nonprofit hospital corporation to determine the physicians that may practice in or admit patients to the hospital. [Pre-1993 Recodification Citation: 16-12-22-7.] As added by P.L.2-1993, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026