2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT CHAPTER 37. DETERMINATION OF ABANDONED PROPERTY
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IC 36-7-37
Chapter 37. Determination of Abandoned Property
IC 36-7-37-1
Determination of abandonment by court or hearing authority
Sec. 1. (a) Except as provided in subsections (b) and (c), as an
alternative to seeking a determination of abandonment under any
other statute:
(1) the executive of a county, city, or town that has jurisdiction
in the location of a property may petition a court for a
determination that the property is abandoned; or
(2) an enforcement authority, as defined by IC 36-7-9-2, may
seek a determination from a hearing authority under IC 36-7-9.
The hearing authority may make a determination of
abandonment using the standards set forth in IC 32-30-10.6-5
after notice to the owner and a hearing under IC 36-7-9-7.
(b) If a person gives notice to the executive of the county, city, or
town that has jurisdiction in the location of the property that the
person is an owner of record for the property, all proceedings under
this chapter are terminated. An owner of the property may give
notice in person, by telephone, by electronic mail, or by United
States mail.
(c) This chapter does not apply to a property covered by an
installment payment plan under IC 6-1.1-10-16.
As added by P.L.247-2015, SEC.50.
IC 36-7-37-2
Petition or order for determination of abandonment; contents
Sec. 2. A petition filed with the court under this chapter or an
order by an enforcement authority under IC 36-7-9-7 with respect to
property for which a determination of abandonment is being sought
under this chapter must do all the following:
(1) Include a statement of the jurisdiction of the county, city, or
town in the location of the property.
(2) Allege that the property is abandoned.
(3) Include evidence that one (1) or more of the conditions set
forth in IC 32-30-10.6-5(a), which constitute prima facie
evidence, apply.
(4) Include a statement that if the property is determined to be
abandoned and any property taxes are delinquent, the property
may be sold by the county at tax sale and the owner will have
no right of redemption with respect to the property after the
sale.
As added by P.L.247-2015, SEC.50.
IC 36-7-37-3
Service of petition or order
Sec. 3. A petition under this section or an order by an enforcement
Indiana Code 2016
authority under IC 36-7-9-7 with respect to property for which a
determination of abandonment is being sought under this chapter
shall be served on:
(1) any person with a substantial property interest of public
record in the tract of real property; and
(2) any other appropriate party;
in the manner prescribed by the Indiana Rules of Trial Procedure in
the case of a petition or in the manner prescribed by IC 36-7-9-7 in
the case of an order by an enforcement authority.
As added by P.L.247-2015, SEC.50.
IC 36-7-37-4
Order to show cause why property should not be determined
abandoned; order to appear
Sec. 4. Upon receiving a request for a determination of
abandonment from an enforcement authority, or an executive of a
county, city, or town through a petition or motion filed with the court
and served on the required parties in accordance with this chapter, or
if an enforcement authority requests an abandonment determination
from the hearing authority and has served the request as provided in
IC 36-7-9, the court or hearing authority shall issue an order to show
cause as to why the property should not be found to be abandoned
and directing the petitioner, the owner, and any other person or party
the court or hearing authority considers appropriate to appear before
the court or hearing authority on a date and time specified in the
order under subdivision (1). The court's or hearing authority's order
under this section must do the following:
(1) Direct the parties subject to the order to appear before the
court or hearing authority on a date and time specified by the
court or hearing authority. The date specified under this
subdivision must not be:
(A) earlier than fifteen (15) days; or
(B) later than twenty-five (25) days;
after the date of the court's or hearing authority's order under
this section.
(2) Notify the parties subject to the order that any party ordered
to appear:
(A) may present evidence or objections on the issue of
abandonment to the court or hearing authority:
(i) in writing before the appearance date specified by the
court or hearing authority under subdivision (1); or
(ii) in writing or by oral testimony on the date and at the
time specified by the court or hearing authority under
subdivision (1);
in the manner specified by the court or hearing authority;
and
(B) has the right to be represented by an attorney when
appearing before the court or hearing authority.
Indiana Code 2016
(3) Notify the parties subject to the order that if a party fails to:
(A) submit written evidence or objections to the court or
hearing authority before the appearance date specified by the
court or hearing authority under subdivision (1); or
(B) appear before the court or hearing authority on the date
and at the time specified by the court or hearing authority
under subdivision (1);
the party's failure to submit evidence or objections or to appear
before the court or hearing authority will result in a finding of
abandonment by the court or hearing authority.
As added by P.L.247-2015, SEC.50.
IC 36-7-37-5
Right to present evidence; right to counsel
Sec. 5. A party subject to an order issued by the court or hearing
authority under this chapter has the following rights, as described in
the court's or hearing authority's order under section 4 of this chapter:
(1) The right to present evidence or objections on the issue of
abandonment to the court or hearing authority:
(A) in writing before the appearance date specified in the
court's or hearing authority's order under section 4(1) of this
chapter; or
(B) in writing or by oral testimony on the date and at the
time specified in the court's or hearing authority's order
under section 4(1) of this chapter;
in the manner specified by the court or hearing authority.
(2) The right to be represented by an attorney when appearing
before the court or hearing authority.
As added by P.L.247-2015, SEC.50.
IC 36-7-37-6
Timing of notice of sale of vacant or abandoned property
Sec. 6. (a) This section applies to:
(1) a petition by the executive of a county, city, or town for a
court order of abandonment; and
(2) an order by an enforcement authority under IC 36-7-9-7.
(b) Instead of providing notice at least one hundred twenty (120)
days before the date of a certification under IC 6-1.1-24-1.5, the
executive of the county, city, or town that is filing the petition or the
enforcement authority that issued the order under IC 36-7-9-7 may
provide the notice referred to in IC 6-1.1-24-2.3 at least one hundred
twenty (120) days before the petition is filed under this chapter or the
order is sent under IC 36-7-9-7.
(c) A court order or hearing authority determination of
abandonment under this chapter authorizes the sale of the property
and transfer of the deed of the property under IC 6-1.1-24.
As added by P.L.247-2015, SEC.50.
Indiana Code 2016
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