Legal Advertisement STATE OF INDIANA IN THE BARTHOLOMEW SUPERIOR COURT 1 SS: COUNTY OF BARTHOLOMEW CAUSE NO. 03D01-2509-PL-005265 STATE OF INDIANA, Plaintiff, v. UNKNOWN OWNER, AND ANY UNKNOWN HEIRS,DEVISEES, LEGATEES, SUCCESSORS, ASSIGNS, EXECUTORS, TRUSTEES, RECEIVERS, AGENTS, AND REPRESENTATIVES OF THE UNKNOWN OWNER, AND ALL OTHER UNKNOWN PERSONS OR ENTITIES CLAIMING AN INTEREST IN THE REAL ESTATE DESCRIBED HEREIN; AND BARTHOLOMEW COUNTY, INDIANA; Defendants. NOTICE OF SUIT WITH SUMMONS BY PUBLICATION Pursuant to a Praecipe for Summons by Publication filed by the Plaintiff, State of Indiana, in the above-captioned cause of action, you are hereby notified that a Complaint for Appropriation of Real Estate has been filed in the Bartholomew County Superior Court, Cause Number 03D01-2509-PL-005265, regarding an action to acquire real estate by eminent domain, said real estate more particularly described in the attached Exhibit A (the “Real Estate”). EXHIBIT “A” Project: 2200593 Des. No.: 2200593 Sheet 1 of 1 Code: 8259 Form: QCD-1 Tax ID: 03-74-11-000-002.200-016 Parcel: 4 Fee Simple A part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 7 North, Range 4 East, Bartholomew County, Indiana, and being that part of the grantors’ land lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat, marked as Exhibit “B”, described as follows: Commencing at a stone (found) at the northwest corner of said quarter-quarter section, said corner is point “300” as designated on said parcel plat; thence North 87 degrees 57 minutes 48 seconds East 1,299.07 feet along the north line of said quarterquarter section to the northeast corner of said quarter-quarter section, said corner is point “922” as designated on said parcel plat; thence South 0 degrees 55 minutes 39 seconds East 340.65 feet along the east line of said quarter-quarter section to the point of beginning of this description, which point of beginning is point “914” as designated on said parcel plat: thence continuing South 0 degrees 55 minutes 39 seconds West 271.25 feet along said east line to point “908” as designated on said parcel plat; thence South 35 degrees 24 minutes 20 seconds West 55.66 feet to the west line of the East 1 acre of said quarter-quarter section and point “921” as designated on said parcel plat; thence North 0 degrees 55 minutes 39 seconds West 315.04 feet along said west line to point “913” as designated on said parcel plat; thence North 22 degree 32 minutes 40 seconds East 17.55 feet to the northwestern boundary of S.R. 58 and point “905” as designated on said parcel plat; thence South 79 degrees 20 minutes 12 seconds East 25.00 feet to the southeastern boundary of said S.R. 58 and point “906” as designated on said parcel plat; thence South 9 degrees 23 minutes 51 seconds East 10.14 feet to the point of beginning and containing 0.231 acres, more or less, inclusive of the presently existing right of way which contains 0.102 acres, more or less for a net additional taking of 0.129 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Jason R. Hesler, Indiana Registered Land Surveyor #21100012, on the 14th day of October 2024. by Jason R. Hesler The above-named Defendants who may claim an interest said Real Estate are Unknown Owner, and any Unknown Heirs, Devisees, Legatees, Successors, Assigns, Executors, Trustees, Receivers, Agents, and Representative of the Unknown Owner, and any unknown owner or interest holder. The name and address of the attorneys representing the Plaintiff is Caroline L. Bundy and Joshua M. Mireles, Office of the Indiana Attorney General, 302 West Washington Street, Indianapolis, IN 46204; Telephone (317) 543-7858 and (463) 261-7379. You are a party to said suit and you must respond to said suit on or before the expiration of thirty (30) days from the date that the third notice of suit is published, or judgment by default may be entered against you for the relief demanded in the Complaint for Appropriation of Real Estate, and any interest you may have in the above-described Real Estate may be terminated. The Court may extend the period for filing objections by an additional thirty (30) days upon written motion. You are notified to appear before the Greene Circuit Court on the day of 2025 at o’clock, M. to object to the condemnation of property sought to be acquired in the State of Indiana’s Complaint. Ind. Code § 32-24-1-8 Objections to Proceedings (a) A defendant may object to the proceedings: 1. Because the court does not have jurisdiction either of the subject matter or of the person; 2. Because the plaintiff does not have the right to exercise the power of eminent domain for the use sought; or 3. For any other reason disclosed in the complaint or set up in the objections. (b) Objections under subsection (a) must be: 1. In writing; 2. Separately stated and numbered; and 3. Filed not later than thirty (30) days after the date the notice required in section 6 of this chapter is served on the defendant. However, the court may extend the period for filing objections by not more than thirty (30) days upon written motion of the defendant. (c) The court may not allow pleadings in the cause other than the complaint, any objections, and the written exceptions provided for in section 11 of this chapter. However, the court may permit amendments to the pleadings. (d) If an objection is sustained, the plaintiff may amend the complaint or may appeal from the decision in the manner that appeals are taken from final judgments in civil actions. All the parties shall take notice and are bound by the judgment in an appeal. (e) If the objections are overruled, the court shall appoint appraisers as provided for in this chapter. Any defendant may appeal the interlocutory order overruling the objections and appointing appraisers in the manner that appeals are taken from final judgments in civil actions. (f) All the parties shall take notice of and be bound by the judgment in the appeal. (g) The transcript must be filed in the office of the clerk of the supreme court not later than thirty (30) days after the notice of the defendant’s appeal is filed. The appeal does not stay proceedings in the cause. (h) This subsection does not apply to a condemnation action brought by a public utility (as defined in section 5.9(a) of this chapter) or by a pipeline company. Notwithstanding section 14 of this chapter, if an objection: (1) Is sustained, and no appeal is filed; or (2) Is sustained in the judgment in the appeal; the court shall award the defendant the reasonable costs and attorney’s fees incurred for the objection, in an amount not to exceed twenty-five thousand dollars ($25,000.00). Dated at Columbus, Indiana, the 11th day of September 2025. /s/ Shari J. Lentz Bartholomew County Clerk of Courts
