Title 32, PROPERTY

Sec. 2. A court may not appoint: (1) a party; (2) an attorney representing a party; or (3) another person interested in an action; as a receiver in that action. [Pre-2002 Recodification Citation: 34-48-1-2.] As added by P.L.2-2002, SEC.15.

Sec. 20. The court's approval of a receiver's partial account or report, as provided in section 14 of this chapter, releases and discharges the receiver and the surety on the receiver's bond for all matters and things related to or contained in the partial account or report. [Pre…

Sec. 21. Upon the: (1) court's approval of the receiver's final account or report, as provided in section 14 of this chapter; and (2) receiver's performance and compliance with the court's order made on the final report; the receiver and the surety on the receiver's bond shall be…

Sec. 22. (a) This section applies to any action, proceeding, or matter relating to or involving a receivership estate. (b) Except as provided in subsections (c) and (d), a party to a proceeding described in subsection (a) is entitled to a change of judge or a change of venue from…

Sec. 3. Before beginning duties as a receiver, the receiver must: (1) swear to perform the duties of a receiver faithfully; and (2) with one (1) or more sureties approved by the court or judge, execute a written undertaking, payable to such person as the court or the judge direct…

Sec. 4. If it is admitted by the pleading or examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery, which: (1) is the subject of the litigation; (2) is held by the party as trustee for another…

Sec. 5. If: (1) in the exercise of its authority, a court or judge has ordered the deposit or delivery of money or another thing; and (2) the order is disobeyed; the court or the judge, besides punishing the disobedience as contempt, may make an order requiring the sheriff to tak…

Sec. 6. Money deposited or paid into court or with the clerk in an action may not be loaned out unless consent is obtained from all parties having an interest in or making claim to the money. [Pre-2002 Recodification Citation: 34-48-1-6.] As added by P.L.2-2002, SEC.15.

Sec. 7. The receiver may, under control of the court or the judge: (1) bring and defend actions; (2) take and keep possession of the property; (3) receive rents; (4) collect debts; and (5) sell property; in the receiver’s own name, and generally do other acts respecting the prope…

Sec. 8. If the answer of the defendant admits part of the plaintiff's claim to be just, the court, on motion, may order the defendant to satisfy that part of the claim and may enforce the order by execution. [Pre-2002 Recodification Citation: 34-48-1-8.] As added by P.L.2-2002, S…

Sec. 9. Receivers may not be appointed in any case until the adverse party has appeared or has had reasonable notice of the application for the appointment, except upon sufficient cause shown by affidavit. [Pre-2002 Recodification Citation: 34-48-1-9.] As added by P.L.2-2002, SEC…

Sec. 1. (a) This chapter applies only to a rental agreement entered into or renewed after June 30, 1999. (b) This chapter applies to a landlord or tenant only if the rental agreement was entered into or renewed after June 30, 1999. (c) A waiver of this chapter by a landlord or te…

Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-8-3.] As added by P.L.2-2002, SEC.16.

Sec. 3. (a) As used in this chapter, "dwelling unit" means a structure or part of a structure that is used as a home, residence, or sleeping unit. (b) The term includes the following: (1) An apartment unit. (2) A boarding house unit. (3) A rooming house unit. (4) A manufactured h…

Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement. [Pre-2002 Recodification Citation: 32-7-8-5.] As added by P.L.2-2002, SE…

Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, a landlord may not: (1) take possession of; (2) remove from a tenant's dwelling unit; (3) deny a tenant access to; or (4) dispose of; a tenant's personal property in order to enforce an obligation of the…

Sec. 6. (a) This section does not apply if the dwelling unit has been abandoned. (b) For purposes of this section, a dwelling unit is considered abandoned if: (1) the tenants have failed to: (A) pay; or (B) offer to pay; rent due under the rental agreement; and (2) the circumstan…

Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector. (b) A landlord and a tenant may not waive, in a rental agreement or a separate…

Sec. 1. As used in this chapter, "lender" means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum. [Pre-2002 Recodification Citation: 32-9-10-1.] As added by P.L.2-2002, SEC…

Sec. 10. (a) A museum may give notice by publication under this chapter if the museum does not: (1) know the identity of the lender or any designated agent of the lender; (2) have an address last known for the lender or any designated agent of the lender; or (3) receive proof of …

Sec. 11. In addition to any other information that may be required or seem appropriate, a notice given by a museum under this chapter must contain the following: (1) The name of: (A) the lender; or (B) any designated agent of the lender; if known. (2) The last known address of: (…

Sec. 12. (a) A museum may acquire title in the following manner to property that is on permanent loan to the museum or that was loaned for a specified term that has expired: (1) The museum must give notice that the museum is terminating the loan of the property. (2) The notice th…

Sec. 13. A museum may acquire title to undocumented property held by the museum for at least three (3) years as follows: (1) The museum must give notice that the museum is asserting title to the undocumented property. (2) The notice that the museum is asserting title to the prope…

Sec. 14. Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to property on loan to the museum without the lender's permission or formal notice: (1) if: (A) action is required to protect the property on loan or other property in the …

Sec. 15. If a museum applies conservation measures to property under section 14 of this chapter or with the agreement of the lender, unless the agreement provides otherwise, the museum: (1) acquires a lien on the property in the amount of the costs incurred by the museum; and (2)…

Sec. 16. Property that: (1) is found in or on property controlled by the museum; (2) is from an unknown source; and (3) might reasonably be assumed to have been intended as a gift to the museum; is conclusively presumed to be a gift to the museum if ownership of the property is n…

Sec. 2. As used in this chapter, "lender's address" means the most recent address of a lender as shown on the museum's records pertaining to property on loan from the lender. [Pre-2002 Recodification Citation: 32-9-10-2.] As added by P.L.2-2002, SEC.19.

Sec. 3. As used in this chapter, "loan" means a deposit of property not accompanied by a transfer of title to the property. [Pre-2002 Recodification Citation: 32-9-10-3.] As added by P.L.2-2002, SEC.19.

Sec. 4. As used in this chapter, "museum" means an institution located in Indiana that: (1) is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and (2) owns, borrows, cares for, exhibits, studies, archives, or catalogs proper…

Sec. 5. As used in this chapter, "permanent loan" means a loan of property to a museum for an indefinite period. [Pre-2002 Recodification Citation: 32-9-10-5.] As added by P.L.2-2002, SEC.19.

Sec. 6. As used in this chapter, "person" means an individual, a nonprofit corporation, a trustee or legal representative, the state, a political subdivision (as defined in IC 36-1-2-13), an agency of the state or a political subdivision, or a group of those persons acting in con…

Sec. 7. As used in this chapter, "property" means a tangible object under a museum's care that has intrinsic historic, artistic, scientific, or cultural value. [Pre-2002 Recodification Citation: 32-9-10-7.] As added by P.L.2-2002, SEC.19.

Sec. 8. As used in this chapter, "undocumented property" means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum's records. [Pre-2002 Recodification Citation: 32-9-10-8.] As added by P.L.2-2002, SEC.19.

Sec. 9. (a) A notice given by a museum under this chapter must be mailed to the lender's last known address by certified mail. Proper notice is given if the museum receives proof of receipt of the notice not more than thirty (30) days after the notice was mailed. (b) If: (1) the …

Sec. 1. A person who suffers a loss as a result of a violation of this article may: (1) bring an action to recover: (A) actual damages; and (B) reasonable attorney's fees; (2) seek an injunction; and (3) seek any other remedy available at law or in equity. [Pre-2002 Recodificatio…

Sec. 1. (a) This subsection applies upon the death of a holder of jointly held property only if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a part of the property attributable to the deceased holder's contribution without consent o…

Sec. 1. This chapter does not apply to an exempt claim unless the parties agree that this chapter is applicable to the exempt claim. As added by P.L.141-2015, SEC.14.

Sec. 10. A claimant must provide notice of the claim to the respondent, stating plainly and concisely the following information: (1) The nature of the claim, including the date, time, location, persons involved, and the respondent's role in the claim. (2) The basis of the claim, …

Sec. 11. (a) This section applies if a respondent has requested a meeting under section 10 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 10 of this chapter. (b) The claimant and the respondent shall meet in per…

Sec. 12. (a) The parties are considered to be at an impasse if: (1) the respondent does not request a meeting under section 10 of this chapter; (2) either party fails to attend a meeting agreed upon under section 11 of this chapter; or (3) the parties are unable to settle the cla…

Sec. 13. If an impasse is reached and: (1) neither party requests mediation or arbitration; or (2) mediation or arbitration does not result in a settlement of the claim; the claimant may begin legal proceedings. As added by P.L.141-2015, SEC.14.

Sec. 14. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration. (b) The settlement of the claim must be documented in a written agreement signed by each of the parties. (c) If a party fails to abide by the settlement agreement signed under …

Sec. 15. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim. As added by P.L.141-2015, SEC.14.

Sec. 16. The board, on behalf of the homeowners association, and without the consent of the members of the homeowners association, may do any of the following: (1) Negotiate settlements of claims or legal proceedings under this chapter. (2) Execute settlement agreements, waivers,…

Sec. 17. Except as otherwise provided in this chapter, each party shall bear its own costs for application of this chapter, including attorney's fees. As added by P.L.141-2015, SEC.14.

Sec. 2. (a) As used in this chapter, "claim" refers to any of the following: (1) A claim arising out of or relating to the interpretation, application, or enforcement of the governing documents. (2) A claim relating to the rights or duties of the homeowners association or the boa…