Title 32, PROPERTY

Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances. (b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and…

Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action: (1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney's fees, to the defe…

Sec. 1. The definitions in IC 32-31-3 and IC 32-31-5 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-9-1.] As added by P.L.2-2002, SEC.16.

Sec. 10. The adjudication of an emergency possessory claim under section 6(b), 7(c), or 7.1(b) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under…

Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter. [Pre-2002 Recodification Citation: 32-7-9-2.] As added by P.L.2-2002, SEC.16.

Sec. 3. (a) The following may file a petition for an emergency possessory order under this chapter: (1) A tenant, if the landlord has violated IC 32-31-5-6. (2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit. (3) A landlord if: (A) a tenan…

Sec. 4. A petition for an order under this chapter must: (1) include an allegation specifying: (A) the violation, act, or omission caused or threatened by a landlord or tenant; and (B) The nature of the specific immediate and serious: (i) injury; (ii) loss; or (iii) damage; that …

Sec. 5. If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed. [Pre-2002 R…

Sec. 6. (a) At the emergency hearing, if the court finds: (1) by a preponderance of the evidence that the landlord has violated or threatened to violate IC 32-31-5-6; and (2) that the tenant will suffer immediate and serious injury, loss, or damage; the court shall issue an emerg…

Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent. (b) At the emergency hearing, if the court finds: (1) by a preponderance of the evidence that the tenant has committed or threatens to commit waste to the rental unit; and (2) that the landlord has…

Sec. 7.1. (a) At the emergency hearing, if the court finds by a preponderance of the evidence that: (1) the tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord and that the other tenant…

Sec. 8. (a) If a petition is filed under this chapter, the clerk shall issue to the respondent a summons to appear at a hearing. The summons must: (1) give notice of the date, time, and place of the hearing; and (2) inform the respondent that the respondent must appear before the…

Sec. 9. If the court sets a subsequent hearing under section 6(c), 7(d), or 7.1(c) of this chapter, the court may do the following at the subsequent hearing: (1) Determine damages. (2) Order return of a tenant's withheld property. (3) Make other orders the court considers just un…

Sec. 1. (a) The owner or keeper of any hotel, inn, boardinghouse, eating facility, lodging house, or restaurant has a lien upon any trunk, valise or baggage, or other article of value brought into the hotel, inn, boardinghouse, eating facility, lodging house, or restaurant by a p…

Sec. 1. (a) This chapter does not apply where a fabricator retains title to and possession of a die, mold, form, jig, or pattern. (b) This chapter does not grant a customer any rights, title, or interest to a die, mold, form, jig, or pattern. [Pre-2002 Recodification Citation: 32…

Sec. 2. As used in this chapter, "customer" means an individual or entity who contracts with or causes a fabricator: (1) to fabricate, cast, or otherwise make a die, mold, form, jig, or pattern; or (2) to use a die, mold, form, jig, or pattern to manufacture, assemble, or otherwi…

Sec. 3. As used in this chapter, "fabricator" means an individual or entity, including a tool or die maker, who: (1) manufactures, causes to be manufactured, assembles, or improves a die, mold, form, jig, or pattern for a customer; or (2) uses a die, mold, form, jig, or pattern t…

Sec. 4. As used in this chapter, "within three (3) years after the last prior use" includes any period after the last prior use of a die, mold, form, jig, or pattern, regardless of whether the period was before July 1, 1994. [Pre-2002 Recodification Citation: 32-9-6-6.] As added …

Sec. 5. If a customer does not take possession of the customer's die, mold, form, jig, or pattern from a fabricator within three (3) years after the last prior use of the die, mold, form, jig, or pattern, the customer's rights, title, and interest in the customer's die, mold, for…

Sec. 6. (a) After the three (3) year period specified in section 4 of this chapter has expired, a fabricator may choose to have all rights, title, and interest in the die, mold, form, jig, or pattern transferred to the fabricator for purposes of destruction. A fabricator seeking …

Sec. 7. Nothing in this chapter affects: (1) a written agreement between the fabricator and customer concerning possession of the die, mold, form, jig, or pattern; or (2) any right of the customer under federal patent or copyright law or any state or federal law pertaining to unf…

Sec. 1. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. As added by P.L.5-2003, SEC.1.

Sec. 2. If the holder of a power of appointment or other power not held in a fiduciary capacity disclaims the power, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irre…

Sec. 3. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by: (1) persons eligible to receive pr…

Sec. 4. (a) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity that has been…