1. (a) Upon the filing of a complaint under this chapter, the circuit court clerk shall issue a notice requiring the defendants to appear before the court on the day to be fixed by the plaintiff by indorsement on the complaint at the time of filing the complaint, and to show cause, if any, why the property sought to be condemned should not be acquired. The notice shall be substantially in the following form:

To the Sheriff of _______________ County, Indiana:

You are hereby commanded to notify _______________, defendants, to appear before the __________ Court of _____________ County, Indiana on the ____ day of _________, 20_______, at _______ o'clock, __ M. to show cause, if any, they have why the property sought to be acquired in the complaint of _______ should not be acquired.

Witness my hand and the seal of the court affixed at _____________, Indiana, this ___ day of __________, 20_______.

1. (b) The notice shall be served in the same manner as a summons is served in civil actions. Upon a showing by affidavit that any defendant is a nonresident of Indiana or that the defendant's name or residence is unknown, publication and proof of the notice may be made as provided in section 7 of this chapter.

   [Pre-2002 Recodification Citation: 32-11-1-3.]

As added by P.L.2-2002, SEC.9.