"Prior property law" Sec.1. As used in this chapter, "prior property law" refers to the statutes that are repealed or amended in the recodification act of ...

Purpose of recodification Sec. 2. The purpose of the recodification act of the 2002 regular session of the general assembly is to recodify prior property law ...

Statutory construction of recodification Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory ...

Effect of recodification Sec. 4. (a) The recodification act of the 2002 regular session of the general assembly does not affect: (1) any rights or ...

Recodification of prior property law Sec. 5. The recodification act of the 2002 regular session of the general assembly shall be construed as a recodification of ...

References to repealed statutes Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed ...

References to citations Sec. 7. A citation reference in the recodification act of the 2002 regular session of the general assembly to another provision of the ...

References to prior rules Sec. 8. (a) As used in the recodification act of the 2002 regular session of the general assembly, a reference to rules ...

References to prior property law Sec. 9. (a) A reference in the recodification act of the 2002 regular session of the general assembly to a citation ...

"Grantor" Sec. 1. As used in this chapter, "grantor" means every person by whom an estate or interest in land is: (1) created; (2) ...

Fee simple conveyance Sec. 2. (a) A conveyance of land that is: (1) worded in substance as "A.B. conveys and warrants to C.D." (insert a ...

Estates tail; abolition Sec. 3. (a) Estates tail are abolished. (b) An estate that under common law is a fee tail: (1) is considered ...

Lineal and collateral warranties; abolition Sec. 4. Lineal and collateral warranties with all their incidents are abolished. However, the heirs and devisees of a person who ...

Application; two or more persons; conveyances and devises Sec. 1. (a) This section does not apply to: (1) mortgages; (2) conveyances in trust; or ...

Deed of release or quitclaim Sec. 2. A deed of release or quitclaim passes all the estate that the grantor (as defined in IC 32-17-1-1) may ...

Future estates; life estates; remainders Sec. 3. (a) A freehold estate and a chattel real may be created to begin at a future day. (b) ...

Contingent remainder Sec. 4. A remainder may be limited on a contingency. If the contingency occurs, the contingency abridges or determines the precedent estate. ...

Conveyance by tenant for life or years Sec. 5. A conveyance made by a tenant for life or years that purports to grant or convey a ...

Husband and wife purchase or lease of real estate; rights of survivor Sec. 1. (a) This section applies to ...

Divorce Sec. 2. If a husband and wife are divorced while a contract described in section 1(a) of this chapter is in effect, the husband and ...

Title bond or contract for sale of land; survivorship Sec. 3. If: (1) a husband and wife execute a title bond or contract for the ...

Husband and wife; joint deed of conveyance Sec. 4. (a) A joint deed of conveyance by a husband and wife is sufficient to convey and pass ...

Compelling partition; defendants Sec. 1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this ...

Petition to partition; description of premises Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in ...

Proceedings, practice, and pleadings Sec. 3. The proceedings, practice, and pleadings for an action under this chapter are the same as in civil suits, except as ...

Interlocutory judgments; sale of land Sec. 4. (a) If: (1) upon trial of any issue; (2) upon default; or (3) by consent of ...

Will expressing intent of testator Sec. 5. Notwithstanding section 4 of this chapter, a court may not order or affirm partition of any real estate contrary ...

Freeholders appointed to make partition Sec. 6. Upon judgment of partition, the court shall appoint three (3) individuals as commissioners who: (1) are disinterested ...

Commissioners; oath Sec. 7. (a) Before discharging their duties, the commissioners appointed under section 6 of this chapter shall take an oath to faithfully perform the ...

Joint shares Sec. 8. Two (2) or more persons may, if they choose, have their shares set off together. As added by P.L.2-2002, ...

Commissioners report required Sec. 9. (a) The commissioners shall report to the court regarding their activities under this chapter. (b) The commissioners shall make the ...

Report of commissioners; judgment of partition; recording Sec. 10. If the court confirms a report filed under section 9 of this chapter, the court shall: ...

Setting aside report to partition Sec. 11. (a) Before confirming a report filed under section 9 of this chapter, the court may, if the court determines ...

Sale of land; division not possible without damage to owners Sec. 12. (a) If the commissioners report to the court that the whole or part of ...

Partial partition; assignment of shares Sec. 13. If the court confirms partial partition: (1) the shares assigned are full shares; and (2) the residue ...

Commissioners to sell land; bond Sec. 14. (a) If the court orders a sale under section 12 of this chapter, the court shall ...

Deeds and conveyances; mortgages securing deferred payments Sec. 15. (a) If the court determines that: (1) land is sold under section 12 of this chapter ...

Purchase of land by commissioners Sec. 16. Commissioners appointed to make partition, or to sell, may not purchase the land partitioned or sold by the commissioners. ...

Proceeds from sale of land Sec. 17. The commissioner shall pay the proceeds of a sale under this chapter after payment of just costs and expenses ...

Commissioners to make partition; number performing duties; vacancies Sec. 18. (a) Any two (2) of the persons named as commissioners to make partition may perform the ...

Commissioners; vacancy; effect Sec. 19. (a) The occurrence of a vacancy does not invalidate the previous acts of the commissioners. (b) A successor commissioner shall ...

Commissioners; allowances Sec. 20. The court shall provide an allowance, in an amount that the court determines to be reasonable: (1) to the commissioners for ...

Costs; expenses; counsel fees Sec. 21. (a) All costs and necessary expenses, including reasonable attorney's fees for plaintiff's attorney, in ...

Opening and reviewing closed proceedings Sec. 22. Upon showing sufficient cause, a party to proceedings under this chapter who was not served with summons may, not ...

Partition of fee and life estates Sec. 23. A: (1) person that owns: (A) an undivided interest in fee simple in any lands; and ...

Lots or out-lots; streets and alleys Sec. 24. (a) In a proceeding for the partition of real estate: (1) in a state court; and ...

Application of chapter Sec. 1. This chapter applies to a person that is entitled to: (1) an estate in real estate for life or years; ...

Decree selling, exchanging, or leasing property Sec. 2. On application of a party in interest described in section 1 of this chapter, the circuit court may, ...

Investment of proceeds Sec. 3. If the court decrees a sale, exchange, or lease under section 2 of this chapter, the court shall direct the investment ...

Effect of decree Sec. 4. If all persons in being are parties who would be entitled to the property sold or leased or the income of ...

Jurisdiction; guardian ad litem Sec. 5. (a) The circuit court: (1) of the county in which a will, deed, or instrument: (A) is probated ...

Personal property; investment in securities Sec. 6. If the proceeds under section 3 of this chapter are invested in personal property, the court may, in the ...

Application of chapter Sec. 1. This chapter applies to a person who holds a power of appointment under any of the following: (1) A last ...

Execution of instruments; renouncing or exercising power Sec. 2. A person described in section 1 of this chapter may execute an appropriate written instrument to, in ...

Renouncing right of appointment Sec. 3. A renouncement of a right of appointment is final and irrevocable unless the right to revoke ...

Power of appointment Sec. 4. Unless a person exercising a power of appointment expressly renounces and surrenders the right to revoke ...

Effect of subsequent appointment Sec. 5. A subsequent exercise of a right of appointment is a revocation of all prior appointments to the extent that the ...

Last unrevoked appointment Sec. 6. The last unrevoked exercise of a power of appointment is effective and controlling. As added by P.L.2-2002, SEC.2. ...

Application of chapter; reformation of disposition created before May 8, 1991 Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a nonvested ...

Exclusions Sec. 2. This chapter does not apply to the following: (1) A nonvested property interest or a power of appointment arising out of a ...

Nonvested property interests; powers of appointment; validity Sec. 3. (a) A nonvested property interest is valid if: (1) when the interest is created, the interest ...

Nonvested property interests or powers of appointment; time of creation Sec. 4. (a) Except as provided in subsections (b) and (c) and in section 1(a) of ...

Clauses taking effect upon the later of certain occurrences; portion invalid; construction Sec. 5. (a) This section applies to ...

Judicial reformation of disposition Sec. 6. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely preserves ...

Application Sec. 1. This chapter applies to registrations of securities: (1) in beneficiary form regardless of the date of registration; and (2) by persons ...

"Beneficiary form" defined Sec. 2. As used in this chapter, "beneficiary form" means a registration form for a security that indicates: (1) the present owner ...

"Register" defined Sec. 3. As used in this chapter, "register" means: (1) to issue a certificate showing the ownership of a certificated security; or ...

"Registering entity" defined Sec. 4. (a) As used in this chapter, "registering entity" means a person who originates or transfers a security title by registration. ...

"Security" defined Sec. 5. (a) As used in this chapter, "security" means a share, participation, or other interest in property, in a business, or in an ...

"Security account" defined Sec. 6. As used in this chapter, "security account" means: (1) a reinvestment account associated with a security, ...

Registration in beneficiary form; sole or joint tenancy ownership Sec. 7. (a) Only individuals whose registration of a security shows: (1) sole ownership by one ...

Registration in beneficiary form; applicable law Sec. 8. (a) A security may be registered in beneficiary form if the form is authorized by this or a ...

Origination of registration in beneficiary form Sec. 9. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a ...

Form of registration in beneficiary form Sec. 10. To be effective, registration in beneficiary form must be shown by: (1) the words "transfer on death" ...

Effect of a T.O.D. notation on registration in beneficiary form Sec. 11. (a) The designation of a T.O.D. beneficiary ...

Ownership on death of owner Sec. 12. (a) On the death of a sole owner or the last to die of all multiple owners, ownership of ...

Liability for creditor claims and statutory allowances; applicable law Sec. 12.1. The liability of a beneficiary for creditor claims and statutory allowances is determined under IC ...

Protection of registering entity Sec. 13. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. ...

Nontestamentry transfer on death Sec. 14. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding ...

Terms, conditions, and forms for registration Sec. 15. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under ...

Application of chapter Sec. 1. This chapter does not apply to the following: (1) A conveyance made for the purpose of extinguishing a possibility of ...

Duration of possibility of reverter or right of entry for breach of condition subsequent Sec. 2. A possibility of reverter or right of entry for breach ...

Expired rights of action Sec. 3. A person may not commence an action for recovery of any part of real property after June 30, 1994, based ...

"Account" defined Sec. 1. (a) As used in this chapter, "account" means a contract of deposit of funds between a depositor and a financial institution. ...

"Beneficiary"defined Sec. 2. As used in this chapter, "beneficiary" means a person named in a trust account as one for whom a party to the account ...

"Financial institution" defined Sec. 3. (a) As used in this chapter, "financial institution" means any organization authorized to do business in Indiana under IC 28 or ...

"Joint account" defined Sec. 4. As used in this chapter, "joint account" means an account payable on request to one (1) or more of two (2) ...

"Multiple party account" defined Sec. 5. (a) As used in this chapter, "multiple party account" means any of the following types of accounts: (1) A ...

"Net contribution" defined Sec. 6. As used in this chapter, "net contribution" of a party to a joint account as of any given time means the ...

"Party" defined Sec. 7. (a) As used in this chapter, "party" means a person who, by the terms of the account, has a present right, subject ...

"Payment" defined Sec. 8. As used in this chapter, "payment" of sums on deposit includes the following: (1) Withdrawal. (2) Payment on check or ...

"Proof of death" defined Sec. 9. As used in this chapter, "proof of death" includes a death certificate, an affidavit of death, or a record or ...

"P.O.D. account" defined Sec. 10. As used in this chapter, "P.O.D. account" means an account payable on request to: (1) one (1) person during the ...

"P.O.D. payee" defined Sec. 11. As used in this chapter, "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account ...

"Request" defined Sec. 12. As used in this chapter, "request" means: (1) a proper request for withdrawal; or (2) a check or order for ...

"Sums on deposit" defined Sec. 13. As used in this chapter, "sums on deposit" means the balance payable on a multiple party account, including interest, dividends, ...

"Trust account" defined Sec. 14. (a) As used in this chapter, "trust account" means an account in the name of at least one (1) party as ...

"Withdrawal" defined Sec. 15. As used in this chapter, "withdrawal" includes payment to a third person pursuant to a check or other directive of a party. ...

Application of certain sections Sec. 16. (a) The provisions of sections 17, 18, and 19 of this chapter concerning beneficial ownership as between parties, or as ...

Ownership of accounts Sec. 17. (a) Unless there is clear and convincing evidence of a different intent, during the lifetime of all parties, a joint account ...

Ownership of accounts at death of party, original payee, or trustee Sec. 18. (a) Sums remaining on deposit at the death of a party to a ...

Rights of survivorship Sec. 19. (a) The provisions of section 18 of this chapter as to rights of survivorship are determined by the form of the ...

Certain transfers not testamentary Sec. 20. Any transfers resulting from the application of section 18 of this chapter are: (1) effective by reason of: ...

Repealed ( Repealed by P.L.165-2002, SEC.15.) ...

Liability for creditor claims and statutory allowances; applicable law Sec. 21.1. The liability of a surviving party, P.O.D. payee, or beneficiary for creditor claims and statutory ...

Payments; multiple party accounts Sec. 22. (a) Financial institutions may enter into multiple party accounts to the same extent that they may enter into single party ...

Payments; joint accounts Sec. 23. (a) Except as provided in subsection (b), any sums in a joint account may be paid, on request, to any party ...

Payments; P.O.D. accounts Sec. 24. A P.O.D. account may be paid, on request: (1) to any original party to the account; (2) upon presentation ...

Payments; trust accounts Sec. 25. A trust account may be paid, on request: (1) to any trustee; (2) unless the financial institution has received ...

Payments; discharge of financial institutions from all claims Sec. 26. (a) Payment made under section 22, 23, 24, or 25 of this chapter discharges ...

Right of financial institutions to set off against accounts Sec. 27. (a) Without qualifying any other statutory right to set off or lien and subject to ...

Provisions in certain agreements nontestamentary; creditors' rights Sec. 28. (a) Any of the following provisions in an insurance ...

Personal property owned as tenants in common; exceptions Sec. 29. (a) This section does not apply to an account. (b) Except as provided in subsection ...

Voidance of contracts Sec. 1. A contract for valid consideration: (1) to sell any interest, real or supposed, in any land belonging to the United ...

"Nonprobate transfer" defined Sec. 1. (a) As used in this chapter, "nonprobate transfer" means a valid transfer, effective at death, by a transferor: (1) whose ...

Insufficiency of estate to pay claims and statutory allowances; liability of nonprobate transferee Sec. 2. (a) Except as otherwise provided by statute, a transferee of a ...

Priority of liability to probate estate Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order: ...

Beneficiary interests in trusts Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate ...

Apportionment of liability by instrument Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking ...

Enforcement proceedings; jurisdiction Sec. 6. Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the ...

Commencement of proceedings; immunity of personal representative Sec. 7. (a) A proceeding under this chapter may not ...

Deadline for commencement of proceedings Sec. 8. A proceeding under this chapter must be commenced not later than nine (9) months after the person's death, but ...

Release of obligor or trustee from liability for transfer of assets to nonprobate transferee Sec. 9. Unless written notice asserting that a decedent's probate estate is ...

Applicability Sec. 1. This article applies to a disclaimer of an interest in or power over property regardless of when the interest or power was created. ...

Effect on other law Sec. 2. This chapter does not limit the right of a person to waive, release, disclaim, or renounce an interest in or ...

Disclaiming interest in existence on July 1, 2003 Sec. 3. Except as otherwise provided in IC 32-17.5-8, an interest in or power over ...

Construction Sec. 4. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its ...

Citing article Sec. 5. This article may be cited as the "Uniform Disclaimer of Property Interests Act (1999)". As added by P.L.5-2003, SEC.1. ...

"Beneficiary designation" Sec. 1. "Beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) an annuity or insurance ...

"Disclaimant" Sec. 2. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. As ...

"Disclaimed interest" Sec. 3. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. As added ...

"Disclaimer" Sec. 4. "Disclaimer" means a refusal to accept an interest in or power over property. As added by P.L.5-2003, SEC.1. ...

"Fiduciary" Sec. 5. "Fiduciary" means: (1) a personal representative, a trustee, or an agent acting under a power of attorney; or (2) a person ...

"Future interest" Sec. 6. "Future interest" means an interest that, if it takes effect in possession or enjoyment, takes effect later than the time of its ...

"Jointly held property" Sec. 7. "Jointly held property" means property held in the name of at least two (2) persons under an arrangement in which: ...

"Person" Sec. 8. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a ...

"State" Sec. 9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or ...

"Time of distribution" Sec. 10. "Time of distribution" means the time when a disclaimed interest would otherwise have taken effect in ...

"Trust" Sec. 11. "Trust" means: (1) a charitable or noncharitable express trust and any additions to the trust, regardless of when or how the trust ...

Disclaiming power or interest in property Sec. 1. A person may disclaim, in whole or part, any interest in or power over property, including a power ...

Fiduciary's right to disclaim Sec. 2. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute or by the ...

Disclaimer requirements Sec. 3. (a) As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an ...

Partial disclaimer Sec. 4. A partial disclaimer may be expressed as: (1) a fraction; (2) a percentage; (3) a monetary amount; (4) ...

When irrevocable Sec. 5. A disclaimer becomes irrevocable upon the occurrence of the later of the following to occur: (1) The disclaimer is ...

Disclaimer not a transaction, assignment, or release Sec. 6. A disclaimer made under this article is not a transfer, an assignment, or a release. ...

General provisions Sec. 1. Except for a disclaimer under IC 32-17.5-5 or IC 32-17.5-6-1, the following rules apply to ...

Disclaimer by surviving joint holder Sec. 1. (a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or ...

Disclaimer by trustee Sec. 1. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust ...

Disclaiming power of appointment Sec. 2. If the holder of a power of appointment or other power not held in a fiduciary capacity disclaims the power, ...

Disclaimer by appointee of power of appointment Sec. 3. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes ...

Disclaiming power held in fiduciary capacity Sec. 4. (a) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the ...

Delivery; in general Sec. 1. Subject to sections 2 through 11 of this chapter, a disclaimer may ...

Interest created by intestate succession or will Sec. 2. A disclaimer of an interest created under the law of intestate succession or an interest created by ...

Interest in testamentary trust Sec. 3. A disclaimer of an interest in a testamentary trust must be: (1) delivered to the trustee then serving; ...

Interest in an intervivos trust Sec. 4. A disclaimer of an interest in an inter vivos trust must be: (1) delivered to the trustee then ...

Interest created by beneficiary designation Sec. 5. A disclaimer of an interest created by a beneficiary designation made before the time the designation becomes ...

Disclaiming after beneficiary designation irrevocable Sec. 6. A disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable must ...

Jointly held property Sec. 7. A disclaimer by a surviving holder of jointly held property must be delivered to the person to whom the disclaimed interest ...

Disclaimer by object or taker in default of exercise of power of appointment Sec. 8. (a) This section applies to a disclaimer of an interest in ...

Appointee of nonfiduciary power of appointment Sec. 9. A disclaimer by an appointee of a nonfiduciary power of appointment must be: (1) delivered to: ...

Fiduciary of a power over a trust or estate Sec. 10. A disclaimer by a fiduciary of a power over a trust or estate must be ...

Disclaimer by agent Sec. 11. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or ...

Waiver Sec. 1. A disclaimer is barred by a written waiver of the right to disclaim if the waiver is: (1) executed before the date ...

Events barring disclaimer Sec. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: ...

Power held in fiduciary capacity Sec. 3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is ...

Power not held in fiduciary capacity Sec. 4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary ...

Other law Sec. 5. A disclaimer is barred or limited if the disclaimer is barred or limited by Indiana law other than this article. ...

Effect of disclaimer Sec. 6. (a) A disclaimer of a power over property that is barred by this article is ineffective. (b) A disclaimer of ...

Disclaimer for estate and gift tax purposes Sec. 1. Notwithstanding any other provision of this article, if, as a result of a disclaimer or transfer, the ...

Assignment of all debtor's property in trust for creditors; fraudulent and void assignments; trustees Sec. 1. (a) A ...

Filing indenture of assignment with county recorder; description of property; oaths of assignor Sec. 2. (a) An assignment under this chapter must be: (1) by ...

Trustee; duties on execution of assignment; bond Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file ...

Circuit court clerk's recording of filing of indenture, schedule, and undertaking Sec. 4. The clerk of the circuit court shall minute the filing of the copy ...

Trustee; removal upon petition of assignor or creditor Sec. 5. (a) If the trustee fails to comply with the provisions of sections 1 through 4 of ...

Trustee; notice of appointment; inventory of property Sec. 6. (a) Immediately after complying with the requirements set forth in this chapter, the trustee shall give notice ...

Appraisers; oath required Sec. 7. The trustee, not more than twenty (20) days after filing the inventory mentioned in section 6 of this chapter, shall cause ...

Appraisal of property Sec. 8. The appraisers shall, in the presence of the trustee: (1) appraise each article mentioned in the inventory at its true ...

Appraisal; set off to resident household assignor Sec. 9. (a) If the assignor is a resident householder of Indiana, the appraisers shall set off to the ...

Sale of property; partition of land Sec. 10. (a) The trustee, as soon as possible after an appraisement is filed, shall collect the rights and credits ...

Report of trustee Sec. 11. The trustee shall, within six (6) months after beginning the duties of the trust, report to the judge of the circuit ...

Trial of disallowed claims Sec. 12. The clerk of the court shall spread the report and list upon the appearance docket of the court. The clerk ...

Lien or encumbrance on property sold Sec. 13. (a) A part of the property assigned on which there are liens or encumbrances may be sold by ...

Distribution of money in possession of trustee Sec. 14. If the court confirms the report made as provided under section 11 of this chapter and if ...

Examination of assignor or transferee Sec. 15. (a) If a creditor or the trustee, by verified petition, asks the court for the examination of the assignor ...

Oath of persons filing claims Sec. 16. A person who files a claim with the trustee must make oath that the claim is just and lawful ...

Debt or claim belonging to assignor; compounding or compromising Sec. 17. A trustee may compound or compromise a debt or claim belonging to the assignor that ...

Trustee; final report; discharge from trust Sec. 18. (a) The trustee shall, at the expiration of one (1) year after entering upon the duties of the ...

Trustee; removal; vacancy Sec. 19. (a) The judge of the circuit court may, upon the petition of a creditor or the assignor, remove a trustee under ...

Right to appeal Sec. 20. This chapter may not be construed to prevent a party aggrieved by an order or decree of the court under this ...

Fees allowed clerk of court; compensation of appraisers and trustee Sec. 21. (a) For whatever services the clerk of ...

Power of surviving partner to make assignments Sec. 22. A surviving partner of a firm doing business in Indiana has full power to make assignments under ...

Applicability of chapter Sec. 1. (a) This chapter applies to all transfers made and obligations incurred after June 30, 1994. ...

"Asset" defined Sec. 2. (a) As used in this chapter, "asset" means property of a debtor. (b) The term does not include any of the ...

"Claim" defined Sec. 3. As used in this chapter, "claim" means a right to payment, whether the right is: (1) reduced to judgment or not; ...

"Creditor" defined Sec. 4. As used in this chapter, "creditor" means a person who has a claim. As added by P.L.2-2002, SEC.3. ...

"Debt" defined Sec. 5. As used in this chapter, "debt" means liability on a claim. As added by P.L.2-2002, SEC.3. ...

"Debtor" defined Sec. 6. As used in this chapter, "debtor" means a person who is liable on a claim. As added by P.L.2-2002, SEC.3. ...

"Lien" defined Sec. 7. (a) As used in this chapter, "lien" means a charge against or an interest in property to secure payment of a debt ...

"Person" defined Sec. 8. As used in this chapter, "person" means an individual, a partnership, a corporation, a limited liability company, an association, an organization, a ...

"Property" defined Sec. 9. As used in this chapter, "property" means anything that can be the subject of ownership. As added by P.L.2-2002, SEC.3. ...

"Transfer" defined Sec. 10. (a) As used in this chapter, "transfer" means any mode of disposing of or parting with an asset or an interest in ...

"Valid lien" defined Sec. 11. As used in this chapter, "valid lien" means a lien that is effective against the holder of a judicial lien subsequently ...

Insolvency Sec. 12. (a) For purposes of this section, assets do not include property that has been: (1) transferred, concealed, or removed with intent to ...

Value Sec. 13. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an ...

Transfers fraudulent as to present and future creditors Sec. 14. A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor, ...

Transfers fraudulent as to present creditors Sec. 15. A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor whose claim ...

When transfer is made or obligation incurred Sec. 16. The following apply for purposes of this chapter: (1) A transfer is made: (A) with ...

Remedies of creditor Sec. 17. (a) In an action for relief against a transfer or an obligation under this chapter, a creditor, subject to the limitations ...

Transferee's defenses, liability, and protections Sec. 18. (a) A transfer or an obligation is not voidable under section 14(1) of this chapter against a person who ...

Statute of limitations; extinguishment of cause of action Sec. 19. A cause of action with respect to a fraudulent transfer or obligation under this chapter is ...

Supplementary provisions Sec. 20. Unless superseded by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and ...

Uniformity of application and construction Sec. 21. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect ...

Sale of real estate by receiver, assignee, or trustee under IC 32-18-1; filing bond to secure sale Sec. 1. ...

Resale of property; liability for amount above bid at previous sale Sec. 2. If on resale of the real estate, or any part of the real ...

Designation of systems Sec. 1. The systems of plane coordinates that have been established by the National Ocean Survey/National Geodetic ...

Division of Indiana into east and west zones; counties in each zone Sec. 2. (a) For the purpose of the use of the systems described in ...

Descriptions of systems; locating position of systems Sec. 3. (a) To more precisely describe the Indiana coordinate system of 1927, the following descriptions by the National ...

Naming and designation of system in land descriptions Sec. 4. (a) As established for use in the east zone, the Indiana coordinate system of 1927 or ...

Tract located in both zones Sec. 5. If a tract of land to be defined by a single description extends from one (1) into the other ...

Use of terms; limits on use of system Sec. 6. (a) The use of the term "Indiana coordinate system of 1927" or "Indiana coordinate system of ...

Positions expressed by x-coordinate and y-coordinate Sec. 1. (a) The plane coordinates of a point on the earth's surface, used to express the position ...

Coordinates; reporting requirements Sec. 2. (a) Coordinates based on the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983 purporting to define the ...

Reference to United States public land surveys; coordinate description as supplemental; conflicts Sec. 1. If coordinates based on the ...

Description depending exclusively on coordinate system Sec. 2. This article does not require a purchaser or mortgagee to rely on a description, any part of which ...

Geodetic adviser; appointment by Purdue University Sec. 1. (a) Purdue University shall establish the office of geodetic adviser for the state. (b) The ...

Geodetic adviser; duties; establishing geodetic reference network Sec. 2. (a) The geodetic adviser is responsible for the implementation of ...

Funding; use of county surveyor's corner perpetuation fund Sec. 3. (a) The state, a state agency (as defined in IC 4-13-1-1), or a unit (as defined ...

Ordinance prohibiting altering monument; penalties Sec. 4. A county legislative body may adopt an ordinance: (1) prohibiting a person from moving, changing, or otherwise altering ...

Construction of law Sec. 1. (a) This article shall be liberally construed to effect the legislative purpose of simplifying and facilitating land ...

Limitation of actions; recording instruments Sec. 2. This article may not be construed to do the following: (1) Extend the period to bring an action ...

Application Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.2-2002, SEC.5. ...

"Marketable record title" defined Sec. 2. "Marketable record title" means a title of record, as described in IC 32-20-3-1, that operates to extinguish interests and claims ...

"Muniments" defined Sec. 3. "Muniments" means the records of title transactions in the chain of title of a person that: (1) purport to create the ...

"Person dealing with land" defined Sec. 4. "Person dealing with land" includes: (1) a purchaser of an estate or interest in an estate; (2) ...

"Records" defined Sec. 5. "Records" includes all official public records that affect title to land. As added by P.L.2-2002, SEC.5. ...

"Root of title" defined Sec. 6. "Root of title" means that title transaction in the chain of title of a person: (1) that purports to ...

"Title transaction" defined Sec. 7. "Title transaction" means any transaction affecting title to any interest in land, including the following: (1) Title by will or ...

Unbroken chain of title; definition Sec. 1. A person who has an unbroken chain of title of record to an interest in land for at least ...

Interests and defects affecting marketable record title Sec. 2. Marketable record title is subject to the following: (1) All interests and defects that are inherent ...

Transactions before root of title Sec. 3. Subject to section 2 of this chapter, marketable record title is held by its owner and is taken by ...

Notice of claim; filing Sec. 1. (a) A person claiming an interest in land may preserve and keep effective that interest by filing for record during ...

Notice of claim; contents; indexing by county recorder Sec. 2. (a) To be effective and to be entitled to be recorded, the notice referred to in ...

Notice of claim; effect of failure to file on lease or easement Sec. 3. (a) Failure to file the notice required under this chapter does not ...

Filing notices to slander title prohibited Sec. 1. A person may not use the privilege of filing notices under this article to slander the title to ...

Filing claim to slander title; claimant's liability for costs and damages Sec. 2. In any action to quiet title to land, if the court finds that ...

Requirement of written agreement; agreements or promises covered Sec. 1. (a) This section does not apply to a lease for a ...

Consideration for agreement; writing not required Sec. 2. The consideration that is the basis of a promise, contract, or agreement described in section 1 of this ...

Conveyance; trust in lands; goods; things in action Sec. 3. A conveyance of an existing trust in land, goods, or things in action is void unless ...

Trust arising from or extinguished by implication of law Sec. 4. Nothing contained in any Indiana law may be construed to prevent any trust from arising ...

Compelling specific performance in cases of part performance Sec. 5. Nothing contained in any Indiana statute may be construed to abridge the powers of courts to ...

Representations concerning other persons Sec. 6. An action may not be brought against a person for a representation made by the person concerning the character, conduct, ...

Conveyance revocable at will of grantor; provision void as to subsequent purchaser Sec. 7. If a conveyance of or charge upon an estate contains a provision ...

Revocation and reconveyance power; person other than grantor Sec. 8. If the power to revoke a conveyance of any interest in land, and to reconvey the ...

Conveyance before vesting of power of revocation Sec. 9. If a conveyance to a purchaser under either section 7 or 8 of this chapter is made ...

Commission for finding purchaser of real estate Sec. 10. A contract for the payment of any sum of money or thing of value, as a commission ...

Instruments executed in foreign country; acknowledgment before diplomatic or consular officer Sec. 11. If executed in a foreign country, conveyances, mortgages, and other instruments in writing ...

Validation of conveyance or acknowledgment; seal or ink scroll not required Sec. 12. It is not necessary to affix a private seal or ink scroll necessary ...

Conveyance of land; written deed required Sec. 13. Except for a bona fide lease for a term not exceeding three (3) years, a conveyance of land ...

Conveyances by attorney; power of attorney Sec. 14. A conveyance of land by attorney is not good unless the attorney is empowered by a written instrument ...

Conveyances by quitclaim Sec. 15. A conveyance of land that is: (1) worded in substance as "A.B. quitclaims to C.D." (here describe the premises) ...

Estate of inheritance; expression of intent required to create lesser estate Sec. 16. It is not necessary to use the words "heirs and assigns of the ...

"Grantor" defined Sec. 1. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1. As added by P.L.2-2002, SEC.6. ...

"Tract" defined Sec. 2. As used in this chapter, "tract" means an area of land that is: (1) under common fee simple ownership; (2) ...

Recording requirements; acknowledgment and proof Sec. 3. For a conveyance, a mortgage, or an instrument of writing to be recorded, it must be: (1) acknowledged ...

Acknowledgment in another county Sec. 4. (a) This section applies when a conveyance, mortgage, or other instrument that is required to be recorded is acknowledged in ...

Acknowledgment in another state Sec. 5. To record in Indiana a conveyance that is acknowledged outside Indiana but within the United States, the conveyance must be: ...

Proving deeds Sec. 6. A deed may be proved according to the rules of common law before any officer who is authorized to take acknowledgments. A ...

Acknowledgment of deed or mortgage; form Sec. 7. The following or any other form substantially the same is a good or sufficient form of acknowledgment of ...

Duty of officer to explain deed to grantor Sec. 8. (a) If before a public officer authorized ...

Certificate of acknowledgment; attaching to instrument; contents Sec. 9. A certificate of the acknowledgment of a conveyance or other instrument in writing that is required to ...

Recorder of deeds; keeping book; recording time Sec. 10. A recorder of deeds shall keep a book having each page divided into five (5) columns that ...

Certificate of acknowledgment; recording with deed or instrument Sec. 11. (a) This section applies to a conveyance or other instrument ...

Certificate of acknowledgment or record; conclusiveness Sec. 12. The: (1) certificate of the acknowledgment of a conveyance or instrument of writing; (2) the record; ...

Conveyances dividing single property tax tracts into multiple parcels; requirements for recording Sec. 13. (a) If the auditor of ...

"Conveyance" defined Sec. 1. As used in this chapter, "conveyance" means: (1) an instrument of writing concerning land or an interest in land, except a ...

"Grantor" defined Sec. 2. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1. As added by P.L.2-2002, SEC.6. ...

Conveyances requiring recording Sec. 3. A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease ...

Letters of attorney; executory contracts for sale or purchase of land; recording Sec. 4. The following may be recorded in the county where the land to ...

Recording in county where land situated; priority based on time of filing Sec. 1. (a) The following must be recorded in the recorder's office of the ...

Assignment, mortgage, or pledge of rents and profits as security; recording; immediate perfection Sec. 2. (a) This section applies to an instrument regardless of when the ...

Instrument of defeasance Sec. 3. (a) This section applies when a deed: (1) purports to contain an absolute conveyance of any estate in land; and ...

Applicability of chapter Sec. 1. (a) This chapter applies only to a sale of, an exchange of, an installment sales contract for, or a lease with ...

"Buyer" defined Sec. 2. As used in this chapter, "buyer" means a transferee in a transaction described in section 1 of this chapter. As ...

"Closing" defined Sec. 3. As used in this chapter, "closing" means a transfer of an interest described in section 1 of this chapter by a deed, ...

"Defect" defined Sec. 4. As used in connection with disclosure forms required by this chapter, "defect" means a condition that would have a significant adverse effect ...

"Disclosure form" defined Sec. 5. As used in this chapter, "disclosure form" refers to a disclosure form prepared under section 8 of this chapter or ...

"Owner" defined Sec. 6. As used in this chapter, "owner" means the owner of residential real estate that is for sale, exchange, lease with an option ...

Disclosure form; contents Sec. 7. The Indiana real estate commission established by IC 25-34.1-2-1 shall adopt a specific disclosure form that ...

Owner prepared disclosure form Sec. 8. An owner may prepare or use a disclosure form that contains the information required in the disclosure form under section ...

Disclosure form distinguished from warranty Sec. 9. A disclosure form is not a warranty by the owner or the owner's agent, if any, and the disclosure ...

Disclosure form; presentation required before acceptance of offer Sec. 10. (a) An owner must complete and sign a disclosure form and submit the form to a ...

Owner liability for errors in form Sec. 11. The owner is not liable for any error, inaccuracy, or omission of any information required ...

Matters arising after form delivered; requirement to disclose at settlement; unknown or unavailable information Sec. 12. (a) An owner does not violate this chapter if the ...

Disclosure of defect after offer accepted; buyer's right to nullify contract; return of deposits Sec. 13. (a) Notwithstanding section 12 of this chapter, if a prospective ...

"Agent" defined Sec. 1. As used in this chapter, "agent" means a real estate agent or other person acting on behalf of the owner or transferee ...

"Limited agent" defined Sec. 2. As used in this chapter, "limited agent" means an agent who, with the written and informed consent of all parties to ...

"Psychologically affected property" defined Sec. 3. As used in this chapter, "psychologically affected property" includes real estate or a ...

"Transferee" defined Sec. 4. As used in this chapter, "transferee" means a purchaser, tenant, lessee, prospective purchaser, prospective tenant, or prospective lessee of the real estate ...

Disclosure not required Sec. 5. An owner or agent is not required to disclose to a transferee any knowledge of a psychologically affected property in a ...

Refusal to disclose; misrepresentation Sec. 6. An owner or agent is not liable for the refusal to disclose to a transferee: (1) that a dwelling ...

Establishing title; payment of taxes and special assessments by adverse possessor Sec. 1. In any suit to establish title ...

Property owned by state or political subdivision Sec. 2. Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) ...

Applicability of chapter Sec. 1. This chapter applies to a transfer of property made after June 30, 2001, that transfers ownership of the property from a ...

Tax sale surplus fund disclosure form; filing Sec. 2. A taxpayer must file a tax sale surplus fund disclosure form in duplicate with the county auditor ...

Tax sale surplus fund disclosure form; contents Sec. 3. A tax sale surplus fund disclosure form must contain the following information: (1) The name and ...

Signing and acknowledging of form Sec. 4. The tax sale surplus fund disclosure form must be signed by the taxpayer transferring the property and acknowledged before ...

Duties of county auditor Sec. 5. The county auditor shall: (1) stamp the tax sale surplus fund disclosure form to indicate the county auditor's receipt ...

State board of accounts to prescribe form Sec. 6. The state board of accounts shall prescribe the tax sale surplus fund disclosure form required by this ...

Notarial acts before commissioned officers in United States armed forces Sec. 1. (a) In addition to the acknowledgment of ...

Prima facie evidence of authority to execute Sec. 2. An acknowledgment or other notarial act made substantially in the ...

Place of execution or acknowledgment; failure to state Sec. 3. An instrument acknowledged or executed as provided in this chapter is not invalid because of a ...

Proof of recited facts; filing and recording in Indiana Sec. 4. An acknowledgment or other notarial act made substantially ...

"Person" or "persons" defined Sec. 1. As used in this chapter: (1) "person" includes a person who may be married; and (2) "persons" includes ...

Effect of conveyance by grantee to grantee and another Sec. 2. (a) A person who owns real property or an interest in real property that the ...

Effects of conveyance by two or more grantees to one or more grantees Sec. 3. (a) Two (2) or more persons who own real property or ...

Delivery of disclosure document Sec. 1. In addition to any other requirements concerning the conveyance of real property, a transferor of property (as defined in IC ...

Mentally incompetent persons and minors Sec. 1. Except as provided in section 3 of this chapter, a: (1) mentally incompetent person; or (2) person ...

False representation; good faith purchaser Sec. 2. (a) This section does not apply to any sale or contract made and entered into before September 19, 1881. ...

Application of law Sec. 3. Any person who is: (1) less than eighteen (18) years of age; and (2) married to a person who ...

Rights of infant; consent of judge Sec. 4. A judge may give consent under section 3 of this chapter to a conveyance or mortgage ...

Certification by judge Sec. 5. (a) If a person owning real estate desires to sell the real estate or a part of the real estate and ...

Alien ownership; November 1, 1851 Sec. 1. The title of any resident of Indiana who was in actual possession of any land on or before November ...

Repealed ( Repealed by P.L.16-2003, SEC.2.) ...

Repealed ( Repealed by P.L.16-2003, SEC.2.) ...

Acquisition by aliens; title to property Sec. 5. (a) Natural persons who are aliens, whether they reside in the United States or any foreign country, subject ...

Repealed ( Repealed by P.L.16-2003, SEC.2.) ...

Conflicting laws; title to property Sec. 7. This chapter does not affect: (1) the title to any real estate recovered or conveyed before March ...

Use for 20 years Sec. 1. The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be ...

Notice; disputing adverse claim Sec. 2. The owner of land described in section 1 of this chapter, or the agent or guardian of the owner, may ...

Serving or posting notice; easements Sec. 3. Notice provided to a claimant under section 2 of this chapter must be: (1) in writing; and ...

Easements Sec. 4. The service or notice required under section 3 of this chapter must be endorsed by the officer serving the notice, on the original ...

"Easement in gross of a commercial character" defined Sec. 1. As used in this chapter, "easement in gross ...

Alienation, inheritance, or assignment Sec. 2. An easement in gross of a commercial character, including an easement acquired by eminent domain, that is created after June ...

Certain easements in gross of a commercial character Sec. 3. (a) This section does not apply to an easement in gross of a commercial character that ...

Revival or reinstatement of easement in gross of a commercial character Sec. 4. This chapter does not revive or reinstate an expired, a terminated, or an ...

Recording easement Sec. 5. (a) An easement that is created after June 30, 1989, must cross-reference the original recorded plat. However, if the real property from ...

Refusal to grant easements; failure to agree upon consideration Sec. 1. If: (1) land that belongs to a landowner in Indiana is shut off from ...

"Passive solar energy system" defined Sec. 1. As used in this chapter, "passive solar energy system" means a structure specifically designed to retain heat that is ...

"Solar easement" defined Sec. 2. As used in this chapter, "solar easement" means an easement obtained for the purpose of exposure of a solar energy device ...

"Solar energy device" defined Sec. 3. As used in this chapter, "solar energy device" means an artifice, an instrument, or the equipment designed to receive the ...

Creation; requirements Sec. 4. A solar easement: (1) must be created in writing; and (2) is subject to the conveyancing and recording requirements of ...

Instrument; requisites Sec. 5. An instrument that creates a solar easement must include the following: (1) The vertical and horizontal angles, expressed in degrees, at ...

Application and construction of chapter Sec. 1. (a) This chapter applies to any interest created after September 1, 1984, that complies with this chapter, whether the ...

"Conservation easement" defined Sec. 2. As used in this chapter, "conservation easement" means a nonpossessory interest of a holder in real property that imposes limitations or ...

"Holder" defined Sec. 3. As used in this chapter, "holder" means: (1) a governmental body that is empowered to hold an interest in real property ...

"Third party right of enforcement" defined Sec. 4. As used in this chapter, "third party right of enforcement" means a right that is: (1) provided ...

Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected Sec. 5. (a) Except as otherwise provided ...

Actions authorized; power of court Sec. 6. (a) An action that affects a conservation easement may be brought by: (1) an owner of an interest ...

Validity of conservation easements Sec. 7. A conservation easement is valid even though: (1) the conservation easement is not appurtenant to an interest in real ...

Taxation Sec. 8. For the purposes of IC 6-1.1, real property that is subject to a conservation easement shall be assessed and taxed on a basis ...

Release of easements Sec. 1. (a) If: (1) a landowner in Indiana has had a pond or lake built on the landowner's real estate ...

Release of easements; recording Sec. 2. A release under section 1 of this chapter may be filed with the recorder of the county in which the ...

"Oil and gas" defined Sec. 1. As used in this chapter, "oil and gas" means petroleum and mineral oils and gaseous substances of whatever character naturally ...

"Oil and gas estate in land" defined Sec. 2. As used in this chapter, "oil and gas estate in land" means the aggregate of all rights ...

"Operations for oil and gas" defined Sec. 3. As used in this chapter, "operations for oil and gas", unless otherwise indicated by the context of this ...

"Person in interest" defined Sec. 4. (a) As used in this chapter, "person in interest" means the owner of a beneficial interest in the oil and ...

"Surface rights" defined Sec. 5. As used in this chapter, "surface rights" means all rights relating to the occupancy, user, or ownership of the surface of ...

Rights and privileges transferred Sec. 6. A grant or reservation contained in an instrument that affects land in Indiana and that purports to convey or transfer ...

Interests created; title; alienability Sec. 7. (a) Interests in the oil and gas in, on, under, or that may be taken from beneath the surface of ...

Contract rights not limited; legislative intent; regulation of industry; construction of law Sec. 8. (a) This chapter does not limit the ...

Lapse of rental payment; nonproduction or nondevelopment of lease Sec. 1. (a) Leases for oil and gas that are recorded in Indiana are void: (1) ...

Certification of invalidity of lease; recording Sec. 2. (a) The recorder of the county in which real estate described in section 1 of this chapter is ...

Payment of rent; void cancellation Sec. 3. If, at any time after the cancellation of a lease and contract and within the term provided in the ...

Appeal of cancellation of lease Sec. 4. The owner of a lease that is canceled by a county recorder under this chapter may, not more than ...

Time for payment Sec. 1. (a) A person, firm, limited liability company, or corporation that purchases crude oil ...

Time for payment; interest rate Sec. 2. If a person, firm, limited liability company, or corporation described in section 1 of this chapter: (1) fails ...

"Mineral interest" defined Sec. 1. As used in this chapter, "mineral interest" means the interest that is created by an instrument that transfers, by: (1) ...

Statement of claims; filing; reversion Sec. 2. An interest in coal, oil and gas, and other minerals, if unused for a period of twenty (20) years, ...

Presumption of use Sec. 3. (a) A mineral interest is considered to be used when: (1) minerals are produced under the mineral interest; (2) ...

Statement of claim; filing; time Sec. 4. (a) The statement of claim under section 2 of this chapter must: (1) be filed by the owner ...

Statement of claim; failure to file Sec. 5. Failure to file a statement of claim within the time provided in section 4 of this chapter does ...

Notice; lapse of interest Sec. 6. (a) A person who succeeds to the ownership of a mineral interest may, upon the lapse of the mineral interest, ...

Dormant mineral interest record Sec. 7. Upon the filing of the statement of claim specified in section 4 of this chapter or the proof of service ...

Waiver Sec. 8. The provisions of this chapter may not be waived at any time before the expiration of the twenty (20) year period provided in ...

Nonapplicability of chapter Sec. 1. This chapter does not apply to a railroad right-of-way that is abandoned as part of a demonstration project for the relocation ...

"Public utility" defined Sec. 2. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-8.5-1. As added by P.L.2-2002, ...

"Railroad" defined Sec. 3. (a) As used in this chapter, "railroad" refers to a railroad company. (b) The term includes a person to whom any ...

"Right-of-way" defined Sec. 4. (a) As used in this chapter, "right-of-way" means a strip or parcel of real property in which a railroad has acquired an ...

"Right-of-way fee" defined Sec. 5. "Right-of-way fee" refers to the fee simple interest in the real property through which a right-of-way runs. As added ...

Abandoned right-of-way Sec. 6. (a) Except as provided in subsection (b) and in sections 7 and 8 of this chapter, a right-of-way is considered abandoned if ...

Trail use condition imposed Sec. 7. A right-of-way is not considered abandoned if the Interstate Commerce Commission or ...

Sale of railroad's interest Sec. 8. (a) A right-of-way is not considered abandoned if the following conditions are met: (1) The railroad sells the railroad's ...

Size of interest conveyed Sec. 9. If a railroad conveys its interest in a right-of-way, the railroad conveys not more than the interest it holds at ...

Abandoned interest to vest in fee owner Sec. 10. (a) This section applies if a railroad does not own the right-of-way fee. (b) If a ...

Effect of interest vesting on other easement and license holders Sec. 11. (a) The vesting of a railroad's interest under section 10 of this chapter does ...

Limitation on commencement of action Sec. 12. (a) A person may bring an action to establish full rights of possession of the person's right-of-way fee in ...

Determination of ownership Sec. 13. Except as provided in section 14 of this chapter, the ownership of a right-of-way fee is determined under the same ...

Adverse possessions or prescriptive easements not establishing title or rights to property Sec. 14. For purposes of this chapter, the following are not adverse possessions or ...

Easement of necessity Sec. 15. If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad retains an easement of ...

"Condemnor" defined Sec. 1. As used in section 5 of this chapter, "condemnor" means any person authorized by Indiana law to exercise the power of eminent ...

"Owner" defined Sec. 2. As used in section 5 of this chapter, "owner" means the persons listed on the tax assessment rolls as being responsible for ...

Entry on land; purchase before instituting proceedings Sec. 3. (a) Any person that may exercise the power of eminent domain for any public use under any ...

Complaint Sec. 4. (a) If the person seeking to acquire the property does not agree with the owner of an interest in the property or with ...

Offer of purchase; notice; service; forms; restoration of utility or transportation services Sec. 5. (a) As a condition precedent to filing a complaint in condemnation, and ...

Notice to appear in court; form Sec. 6. (a) Upon the filing of a complaint under this chapter, the circuit court clerk shall issue a notice ...

Notice to appear in court; publication; nonresident landowners; assessment of damages Sec. 7. (a) The notice, upon its return, must show its: (1) service for ...

Objections to proceedings; appeals Sec. 8. (a) A defendant may object to the proceedings: (1) because the court does not have jurisdiction either of the ...

Appraisers; oath and duty Sec. 9. (a) Each appraiser shall take an oath that: (1) the appraiser has no interest in the matter; and ...

Payment of benefits or damages assessed Sec. 10. (a) If the plaintiff pays to the circuit court clerk the amount of damages assessed under section 9 ...

Exceptions to appraisers' reports Sec. 11. (a) Any party to an action under this chapter aggrieved by the assessment of benefits or damages may file written ...

Offer of settlement; acceptance; rejection Sec. 12. (a) Not later than ten (10) days before a trial involving the issue of damages, the plaintiff shall, and ...

Highways and roads; appointment of appraisers Sec. 13. (a) The Indiana department of transportation or any state board, agency, or commission that ...

Costs of proceedings; litigation expenses Sec. 14. (a) Except as provided in subsection (b), the plaintiff shall pay the costs of the proceedings. (b) If ...

Forfeitures; failure to pay damages or take possession Sec. 15. (a) If the person seeking to take property under this article fails: (1) to pay ...

Prior appropriation of land Sec. 16. A person having an interest in property that has been or may be acquired for a public use without the ...

Conflicting laws; repeal Sec. 17. All laws and parts of laws in conflict with the provisions of this chapter are hereby repealed: provided, that this repeal ...

"Fiscal officer" defined Sec. 1. As used in this chapter, "fiscal officer" means: (1) the city controller of a consolidated city or second class city; ...

"Municipality" defined Sec. 2. As used in this chapter, "municipality" means a city or town. As added by P.L.2-2002, SEC.9. ...

"Property" defined Sec. 3. As used in this chapter, "property" refers to real property or personal property. As added by P.L.2-2002, SEC.9. ...

"Works board" defined Sec. 4. As used in this chapter, "works board" means: (1) the board of public works or the board of public works ...

Alternate procedure Sec. 5. If: (1) a municipality has the power to acquire property under this chapter; or (2) another statute provides for proceedings ...

Application of chapter; condemnation resolutions; notice; remonstrances Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire property for ...

List of affected property owners Sec. 7. (a) When the final action under section 6 of this chapter is taken, the works board shall have prepared ...

Damage awards and benefit assessments; notice; remonstrances Sec. 8. (a) Upon the completion of the list, the works board shall award the damages sustained and assess ...

Guardianship proceedings; notice Sec. 9. (a) If a person having an interest in property affected by the proceedings is mentally incompetent or less than eighteen (18) ...

Remonstrances; appeal Sec. 10. (a) A person notified or considered to be notified under this chapter may appear before the works board on the day fixed ...

Appeal procedure; discontinuance Sec. 11. (a) The appeal may be taken by filing an original complaint in the court against the municipality within the time required ...

Assessment of benefits; local assessment roll Sec. 12. (a) Upon completion of the assessment list by the works board, the list shall ...

Due date of benefit assessments; foreclosure of liens; costs Sec. 13. (a) The benefit assessments are due and payable to the fiscal officer or county treasurer ...

Payment of damage awards Sec. 14. The works board may determine if any part of the damages awarded shall be paid out of funds appropriated for ...

Certificates of damages; disputes as to whom damages should be paid; injunction Sec. 15. (a) Upon completion of the award ...

Shoreline improvements; condemnation procedure Sec. 16. (a) This section applies whenever the works board of a municipality located upon or adjoining a harbor connected with a ...

Commencement of action Sec. 1. If the governor considers it necessary: (1) to acquire property on which to construct public buildings for the state; or ...

Notice; appointment of appraisers Sec. 2. Upon filing the petition,