Title 36, LOCAL GOVERNMENT

Sec. 3.2. (a) This section applies to the following cities: (1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500). (2) A city having a population of more than twenty-six thousand (26,000) and less than twe…

Sec. 4. (a) A disposing agent who wants to sell or transfer real property must comply with this section, except as permitted by section 4.1, 4.2, 5, 5.5, 5.7, 5.9, 8, 14, 15, or 18 of this chapter. (b) The disposing agent shall first have the property appraised by two (2) apprais…

Sec. 4.1. (a) This section applies to a disposing agent who wants to sell or transfer real property, and as a condition of sale, includes a provision for a leaseback or leaseback with option to repurchase. (b) The disposing agent shall publish notice in accordance with IC 5-3-1 s…

Sec. 4.2. (a) This section applies to a disposing agent who wants to sell or transfer real property not acquired through eminent domain procedures for any of the following purposes: (1) To promote an economic development project. (2) To facilitate compatible land use planning. (b…

Sec. 4.3. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred…

Sec. 5. (a) As used in this section, "abutting landowner" means an owner of property that: (1) touches, borders on, or is contiguous to the property that is the subject of sale; and (2) does not constitute a: (A) public easement; or (B) public right-of-way. (b) As used in this se…

Sec. 5.5. Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a school corporation may sell or transfer: (1) real property; or (2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible person…

Sec. 5.6. Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a county may sell or transfer: (1) real property; or (2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property;…

Sec. 5.7. (a) As used in this section, "fire department" refers to any of the following: (1) A volunteer fire department (as defined in IC 36-8-12-2). (2) The board of fire trustees of a fire protection district established under IC 36-8-11. (3) The provider unit of a fire protec…

Sec. 5.9. (a) As used in this section, "abutting landowner" has the meaning set forth in section 5(a) of this chapter. (b) As used in this section, "real property acquired by tax default" means the following: (1) Real property for which a county holds a tax deed issued under IC 6…

Sec. 7. (a) A disposing agent who exchanges property must proceed under this section, except as permitted by section 8 or 18 of this chapter. (b) An exchange may be made with a person who is: (1) not a governmental entity; and (2) eligible under section 16 of this chapter; only a…

Sec. 8. A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, ca…

Sec. 9. Whenever a disposing agent purchases new property with a condition that property of a similar nature is to be traded in or exchanged as part of the purchase and in reduction of the purchase price, the exchange or trade-in may be made without compliance with section 7 of t…

Sec. 1. This chapter applies to all counties. [Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.] As added by Acts 1980, P.L.212, SEC.1.

Sec. 10. The recorder may record sheets conforming in size, color, weight, and texture to the pages of the appropriate official record book in which similar instruments are recorded, if: (1) the complete text of a printed instrument comprising ten (10) or more printed pages has b…

Sec. 12. (a) The recorder shall index each volume of instruments the recorder records by: (1) the name of each grantor, promisor, or covenantor, in alphabetical order and cross-referenced to the proper grantee, promisee, or covenantee; and (2) the name of each grantee, promisee, …

Sec. 13. If a plat or an instrument of title to real property is recorded in a county other than the one in which the plat or property is located, the county executive of the county in which the plat or property is located may order the recorder of its county to record a copy of …

Sec. 14. (a) The recorder may record: (1) a deed of partition; (2) a conveyance of land; (3) an affidavit of transfer to real estate; or (4) a deed or instrument made under IC 32-17-14; only if it has been endorsed by the auditor of the proper county as "duly entered for taxation…

Sec. 14.5. (a) As used in this section, "manufactured home" has the meaning set forth in IC 9-13-2-96(a). The term includes a mobile home (as defined in IC 9-13-2-103.2). (b) As used in this section, "mobile home" has the meaning set forth in IC 9-13-2-103.2. The term includes a …

Sec. 15. (a) This section does not apply to: (1) an instrument executed before July 1, 1959, or recorded before July 26, 1967; (2) a judgment, order, or writ of a court; (3) a will or death certificate; (4) an instrument executed or acknowledged outside Indiana; or (5) a federal …

Sec. 16. (a) This section does not apply to: (1) an instrument executed before November 4, 1943; (2) a judgment, order, or writ of a court; (3) a will or death certificate; or (4) an instrument executed or acknowledged outside Indiana. (b) Whenever this section prescribes that th…

Sec. 16.5. (a) This section does not apply to the following: (1) A judgment, an order, or a writ of a court. (2) A will or death certificate. (3) A plat. (4) A survey. (b) The county recorder may receive for record an instrument or a document if: (1) the instrument or document co…

Sec. 17. (a) An owner of a farm may have the name of the owner's farm and a description of the land to which the name applies recorded in a register kept for that purpose by the recorder of the county in which the farm is located. The recorder shall provide to the owner: (1) a co…

Sec. 18. (a) The recorder may allow marginal entries. (b) If a satisfaction, cancellation, or assignment of any kind is made on the margin of a record in the recorder's office or entered as an associated document, the recorder shall immediately enter it on the entry book or into …

Sec. 19. (a) An affidavit that: (1) concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties named in an instrument affecting real property; (2) is made by a professional surveyor registered under IC 25-21.5 and concerns the existence …

Sec. 2. (a) The county recorder must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The recorder forfeits office if the recorder ceases to be a resident of the county. (b) The term of office of the county recorder under A…

Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county recorder that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts. (b) An individual elected to the office…

Sec. 20. (a) As used in this section, "contract" means an agreement for a seller to sell real estate to a purchaser that provides for the purchaser to pay the purchase price to the seller in periodic installments, with the seller retaining record title to the real estate and the …

Sec. 22. The recorder shall record a certified copy of a matter relating to bankruptcy if federal law requires that the copy be filed in the county in which lands of the bankrupt are located in order to give notice of the bankruptcy. The recorder shall record the copy in the misc…

Sec. 23. (a) The recorder shall use an official seal in attesting an instrument when appropriate to seal the instrument. Before the recorder uses the recorder's official seal, the recorder shall file the impression of the seal and a verified description of that impression in the …

Sec. 25. (a) This section applies to: (1) a lien arising under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (commonly known as the Superfund Law); and (2) any other federal lien on real property or any federal tax…

Sec. 26. (a) This section does not apply to an instrument executed before July 1, 2002. (b) A person may not present for recording by the county recorder a mortgage instrument that discloses a Social Security number. As added by P.L.16-2001, SEC.2.

Sec. 27. (a) A payment to the county recorder for any purpose may be made by any of the following financial instruments that the county recorder authorizes to use: (1) Cash. (2) Check. (3) Bank draft. (4) Money order. (5) Bank card or credit card. (6) Electronic funds transfer. (…

Sec. 3. (a) The recorder shall keep the recorder's office in a building provided at the county seat by the county executive. The recorder shall keep the recorder's office open for business during regular business hours on every day of the year except Sundays and legal holidays. H…

Sec. 4. A legal action required to be taken in the recorder's office on a day when the recorder's office is closed under section 3 of this chapter may be taken on the next day the recorder's office is open. [Pre-Local Government Recodification Citation: 17-3-2-1 part.] As added b…

Sec. 5. At the expiration of the recorder's term of office, the recorder shall deliver all instruments left for record with the recorder to the recorder's successor in office, whether the fees for recording them have been paid or not. [Pre-Local Government Recodification Citation…

Sec. 6. (a) The recorder may demand the recorder's fees before entering and recording an instrument. (b) If: (1) a person, in payment of a recording fee required under IC 36-2-7-10, submits an amount that exceeds the amount of the fee set forth in IC 36-2-7-10; and (2) the instru…

Sec. 7. When the recorder has received an instrument for record, the recorder may return it to the person who presented it only after the fee for recording the instrument has been paid. [Pre-Local Government Recodification Citation: 5-7-9-1 part.] As added by Acts 1980, P.L.212, …

Sec. 7.5. A county recorder is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if: (1) the check was tendered to the county recorder for the payment…

Sec. 8. (a) The recorder shall record all instruments that are proper for recording, in the order in which they are received in the recorder's office for record. The recorder shall record deeds and mortgages in separate records. (b) Providing an exact copy of an original instrume…

Sec. 9. (a) The recorder shall keep an entry book in which the recorder shall enter information that identifies: (1) the date on which the recorder received each instrument for recording; (2) the names of the parties to the instrument; (3) a description of the premises affected b…

Sec. 1. This chapter applies to second and third class cities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.52.

Sec. 2. (a) The city executive shall make the appointments prescribed by law. If an emergency requires additional employees for a city office, board, commission, department, institution, or utility, the executive may also appoint those employees. (b) This subsection does not appl…

Sec. 3. A department may appoint deputies and other employees at its pleasure, unless a statute provides otherwise. A department may dismiss deputies and other employees, but if thirty (30) days have passed since the department head was appointed, the department head must file wi…

Sec. 4. The city clerk may appoint the number of deputies and employees authorized by the city legislative body. The clerk's deputies and employees serve at the clerk's pleasure. [Pre-Local Government Recodification Citations: 18-2-5-1 part; 18-2-7-1 part.] As added by Acts 1980,…

Sec. 5. (a) This section applies only to second class cities. (b) The city legislative body may, by ordinance, authorize the city fiscal officer to appoint a deputy. The fiscal officer is responsible for the official acts of the fiscal officer's deputy. [Pre-Local Government Reco…