2013 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 30. IMMUNITY FROM CIVIL LIABILITY
CHAPTER 26. REAL PROPERTY SUSPECTED TO BE VACANT OR ABANDONED
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IC 34-30-26
Chapter 26. Real Property Suspected to Be Vacant or
Abandoned
IC 34-30-26-1
"Creditor"
Sec. 1. (a) As used in this chapter, "creditor" means a person:
(1) that regularly engages in Indiana in the extension of
mortgages that are subject to a credit service charge or loan
finance charge, as applicable, or are payable by written
agreement in more than four (4) installments (not including a
down payment); and
(2) to whom the obligation arising from a mortgage is initially
payable, either on the face of the note or contract, or by
agreement if there is not a note or contract.
(b) The term includes the following:
(1) A mortgage servicer.
(2) An agent of a creditor.
As added by P.L.170-2011, SEC.15.
IC 34-30-26-2
"Enforcement authority"
Sec. 2. As used in this chapter, "enforcement authority" has the
meaning set forth in IC 36-7-9-2.
As added by P.L.170-2011, SEC.15.
IC 34-30-26-3
"Owner"
Sec. 3. As used in this chapter, "owner", with respect to real
property, has the meaning set forth in IC 36-7-36-4.
As added by P.L.170-2011, SEC.15.
IC 34-30-26-4
"Vacant or abandoned" real property
Sec. 4. For purposes of this chapter, real property is "vacant or
abandoned" if it qualifies, or would potentially qualify, as either:
(1) a vacant structure under IC 36-7-36-6; or
(2) an abandoned structure under IC 36-7-36-1.
As added by P.L.170-2011, SEC.15.
IC 34-30-26-5
Limited authorization to enter suspected vacant or abandoned real
property; limited immunity
Sec. 5. (a) Except as provided in subsection (d), a person who is
not the owner of real property or who is a creditor, and who suspects
that the property may be vacant or abandoned, may enter upon the
premises of the real property to do the following:
(1) Without entering any structure located on the real property,
visually inspect the real property to determine whether the real
property may be vacant or abandoned.
(2) Perform any of the following actions:
(A) Secure the real property.
(B) Remove trash or debris from the grounds of the real
property.
(C) Landscape, maintain, or mow the grounds of the real
property.
(D) Remove or paint over graffiti on the real property.
(b) A person who:
(1) enters upon the premises of real property to visually inspect
the property, as permitted under subsection (a)(1); and
(2) after inspecting the real property, determines that the real
property may be vacant or abandoned;
may notify the appropriate enforcement authority of the suspected
vacant or abandoned status of the property and request that the
enforcement authority inspect the property to determine whether the
property is in fact vacant or abandoned.
(c) A person that enters upon the premises of real property as
permitted under this section:
(1) is immune from civil liability for an act or omission related
to the entry or to any action described in subsection (a)(2),
unless the act or omission constitutes gross negligence or
willful, wanton, or intentional misconduct; and
(2) shall be held harmless from and against all claims of civil or
criminal trespass.
(d) In the case of real property that is subject to a mortgage, the
creditor in the mortgage transaction may not enter upon the premises
of the real property under subsection (a) if entry is barred by an
automatic stay issued by a bankruptcy court.
As added by P.L.170-2011, SEC.15. Amended by P.L.203-2013,
SEC.24.
IC 34-30-26-6
Tax sale certificate holders and applicants for tax deeds not
considered owners
Sec. 6. For purposes of this chapter, a tax sale certificate holder
or an applicant for a tax deed who performs an act described in
section 5 of this chapter with respect to the real property for which
the person holds the tax sale certificate or has applied for the tax
deed, is not considered to be the owner of that real property if:
(1) the only connection the person has to the property is the tax
sale certificate or the fact that the person has applied for a tax
deed; and
(2) the only consideration the person receives for the act is the
possibility of receiving a tax deed to the property in the future.
As added by P.L.170-2011, SEC.15.
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