Title 32, PROPERTY

Sec. 4. This chapter does not revive or reinstate an expired, a terminated, or an abandoned easement in gross of a commercial character. [Pre-2002 Recodification Citation: 32-5-2-1(d).] As added by P.L.2-2002, SEC.8.

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 which the easement is being created is not platted, the easement must cross-reference the most recent deed of record in the recorder's …

Sec. 6. (a) This section applies to the alienation, inheritance, or assignment of: (1) an easement in gross of a commercial character that was created before January 1, 1990; and (2) an interest in an easement in gross of a commercial character described in subdivision (1). (b) T…

Sec. 1. As used in this chapter, "fiscal officer" means: (1) the city controller of a consolidated city or second class city; (2) the city clerk-treasurer of a third class city; or (3) the town clerk-treasurer of a town. [Pre-2002 Recodification Citation: 32-11-1.5-1(a).] As adde…

Sec. 10. (a) A person notified or considered to be notified under this chapter may appear before the works board on the day fixed for hearing remonstrances to awards and assessments and the municipality's right to exercise the power of eminent domain for the use sought and remons…

Sec. 11. (a) The appeal may be taken by filing an original complaint in the court against the municipality within the time required by section 10(d) of this chapter, setting forth the action of the works board with respect to the assessment and stating the facts relied upon as sh…

Sec. 12. (a) Upon completion of the assessment list by the works board, the list shall be delivered to the fiscal officer of the municipality. From the time the respective amounts of benefits are assessed, or if a lot or parcel has sustained both benefits and damages because of a…

Sec. 13. (a) The benefit assessments are due and payable to the fiscal officer or county treasurer from the time of the preparation or delivery of the assessment duplicate. (b) If an assessment is not paid within sixty (60) days, the municipality, by its attorney, shall proceed t…

Sec. 14. The works board may determine if any part of the damages awarded shall be paid out of funds appropriated for the use of the board. However, not more than two thousand dollars ($2,000) in damages may be paid out of the municipality's funds for any improvement or condemnat…

Sec. 15. (a) Upon completion of the award of damages or whenever any time for delay as provided has expired, the works board shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the fiscal officer of the munici…

Sec. 16. (a) This section applies whenever the works board of a municipality located upon or adjoining a harbor connected with a navigable stream or lake, or upon any navigable channel, slip, waterway, or watercourse, wants to acquire for the use of the municipality any property …

Sec. 17. If applicable, a landowner who incurs attorney's fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney's fees in accordance with IC 32-24-1-14. As added by P.L.163-2006, SEC.14.

Sec. 2. As used in this chapter, "municipality" means a city or town. [Pre-2002 Recodification Citation: 32-11-1.5-1(b).] As added by P.L.2-2002, SEC.9.

Sec. 3. As used in this chapter, "property" refers to real property or personal property. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.9.

Sec. 4. As used in this chapter, "works board" means: (1) the board of public works or the board of public works and safety of a city; or (2) the legislative body of a town. [Pre-2002 Recodification Citation: 32-11-1.5-1(c).] As added by P.L.2-2002, SEC.9.

Sec. 5. If: (1) a municipality has the power to acquire property under this chapter; or (2) another statute provides for proceedings by a municipality for acquiring property under this chapter; the board exercising those powers may proceed under IC 32-24-1 instead of this chapter…

Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire property for the use of the municipality or to open, change, lay out, or vacate a street, an alley, or a public place in the municipality, including a proposed street or alley crossings of rail…

Sec. 7. (a) When the final action under section 6 of this chapter is taken, the works board shall have prepared the following: (1) A list of all the owners or holders of the property, and of interests in it, sought to be acquired or to be injuriously affected. (2) If a street, al…

Sec. 8. (a) Upon the completion of the list, the works board shall award the damages sustained and assess the benefits accruing to each piece of property on the list. (b) When the assessments or awards are completed, the works board shall have a written notice served upon the own…

Sec. 9. (a) If a person having an interest in property affected by the proceedings is mentally incompetent or less than eighteen (18) years of age, the works board shall certify that fact to the municipality's attorney. (b) The municipality's attorney shall apply to the proper co…

Sec. 1. The definitions in this chapter apply throughout this article. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.10.

Sec. 10. "Contractable condominium" means a condominium from which one (1) or more portions of the condominium real estate may be withdrawn. [Pre-2002 Recodification Citation: 32-1-6-2(d).] As added by P.L.2-2002, SEC.10.

Sec. 11. "Co-owner" means a person who owns: (1) a condominium unit in fee simple; and (2) an undivided interest in the common areas and facilities; in the percentage established in the declaration. [Pre-2002 Recodification Citation: 32-1-6-2(e).] As added by P.L.2-2002, SEC.10.…

Sec. 12. "Declarant" means any person who: (1) executes or proposes to execute a declaration; or (2) executes an amendment to a declaration to expand an expandable condominium. [Pre-2002 Recodification Citation: 32-1-6-2(k).] As added by P.L.2-2002, SEC.10.

Sec. 13. "Declaration" means the instrument by which the property is submitted to this article. The term refers to a declaration as it may be lawfully amended from time to time. [Pre-2002 Recodification Citation: 32-1-6-2(l).] As added by P.L.2-2002, SEC.10.

Sec. 14. "Expandable condominium" means a condominium to which real estate may be added. [Pre-2002 Recodification Citation: 32-1-6-2(m).] As added by P.L.2-2002, SEC.10.

Sec. 15. "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved for use of: (1) a certain condominium unit; or (2) certain condominium units; to the exclusion of the other condominium units. [Pre-2002 Recodification C…

Sec. 16. "Majority" or "majority of co-owners" means the co-owners with at least fifty-one percent (51%) of the votes, in accordance with the percentages assigned in the declaration to the condominium units for voting purposes. [Pre-2002 Recodification Citation: 32-1-6-2(o).] As …

Sec. 17. "Person" means: (1) an individual; (2) a firm; (3) a corporation; (4) a partnership; (5) an association; (6) a trust; (7) any other legal entity; or (8) any combination of the entities listed in subdivisions (1) through (7). [Pre-2002 Recodification Citation: 32-1-6-2(p)…

Sec. 18. "Property" means: (1) the land; (2) the building; (3) all improvements and structures on the land or the building; and (4) all: (A) easements; (B) rights; and (C) appurtenances; pertaining to the land or the building. [Pre-2002 Recodification Citation: 32-1-6-2(q).] As a…

Sec. 19. "To record" means to record in accordance with the laws of the state. [Pre-2002 Recodification Citation: 32-1-6-2(r).] As added by P.L.2-2002, SEC.10.

Sec. 2. "Association of co-owners" means all the co-owners acting as an entity in accordance with the: (1) articles; (2) bylaws; and (3) declaration. [Pre-2002 Recodification Citation: 32-1-6-2(f).] As added by P.L.2-2002, SEC.10.

Sec. 20. "Unit number" means the: (1) number; (2) letter; or (3) combination of numbers and letters; designating the condominium unit in the declaration. [Pre-2002 Recodification Citation: 32-1-6-2(s).] As added by P.L.2-2002, SEC.10.

Sec. 3. "Building" means a structure containing: (1) at least two (2) condominium units; or (2) at least two (2) structures containing at least one (1) condominium unit. [Pre-2002 Recodification Citation: 32-1-6-2(g).] As added by P.L.2-2002, SEC.10.

Sec. 4. "Common areas and facilities", unless otherwise provided in the declaration or lawful amendments to the declaration, means: (1) the land on which the building is located; (2) the building: (A) foundations; (B) columns; (C) girders; (D) beams; (E) supports; (F) main walls;…

Sec. 5. "Common expenses" means: (1) all sums lawfully assessed against the co-owners by the association of co-owners; (2) expenses of: (A) administration; (B) maintenance; (C) repair; or (D) replacement; of the common areas and facilities; (3) expenses agreed upon as common expe…

Sec. 6. "Common profits" means the balance remaining, after the deduction of the common expenses, of all: (1) income; (2) rents; (3) profits; and (4) revenues; from the common areas and facilities. [Pre-2002 Recodification Citation: 32-1-6-2(j).] As added by P.L.2-2002, SEC.10.…

Sec. 7. "Condominium" means real estate: (1) lawfully subjected to this article by the recordation of condominium instruments; and (2) with respect to which the undivided interests in the common areas and facilities are vested in the condominium unit owners. [Pre-2002 Recodificat…

Sec. 8. "Condominium instruments" means: (1) the: (A) declaration; (B) bylaws; (C) plats; and (D) floor plans; of the condominium; and (2) any exhibits or schedules to the items listed in subdivision (1). [Pre-2002 Recodification Citation: 32-1-6-2(b).] As added by P.L.2-2002, SE…

Sec. 9. "Condominium unit" means: (1) an enclosed space: (A) that consists of one (1) or more rooms occupying all or part of a floor or floors in a structure of one (1) or more floors or stories, regardless of whether the enclosed space is designed: (i) as a residence; (ii) as an…

Sec. 1. (a) As used in this chapter, "lawful fence" means any structure typically used by husbandmen for the enclosure of property. (b) The term includes: (1) a cattle guard; (2) a hedge; (3) a ditch; and (4) any other structure that witnesses knowledgeable about fences testify i…

Sec. 10. Either party in an action filed under section 9 of this chapter may demand a jury. [Pre-2002 Recodification Citation: 32-10-2-10.] As added by P.L.2-2002, SEC.11.

Sec. 11. If damages are assessed against the owner of a stray animal in a trial under this chapter, the owner must pay the damages and all costs assessed against the owner before the owner may recover the owner's property. [Pre-2002 Recodification Citation: 32-10-2-11.] As added …

Sec. 12. If the verdict or finding in a trial under this chapter is that the stray animal confined under section 4 of this chapter did not commit the trespass, a judgment shall be entered against the person who confined the stray animal for all costs and damages that are assessed…

Sec. 13. If a stray animal confined under section 4 of this chapter is sold under IC 32-34-8, the person who confined the stray animal may retain out of the sale price of the stray animal the damages sustained by the person and the costs of assessing the damages in addition to th…

Sec. 14. In an action filed under this chapter, if the court or jury finds the fence through which a stray animal breaks is not a lawful fence, the animal shall be released to the animal's owner and the occupant of the enclosure shall pay costs and damages to the animal's owner. …