Title 32, PROPERTY

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…

Sec. 1. (a) Except as provided in subsection (b), in an action to establish title to real property, possession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessmen…

Sec. 2. (a) Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession. (b) A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-…

Sec. 0.3. As used in this chapter, "coal bed methane" has the meaning set forth in IC 14-8-2-42.2. As added by P.L.140-2011, SEC.18.

Sec. 0.4. (a) As used in this chapter, "coal bed methane estate in land" means the aggregate of all rights in land that affect the coal bed methane: (1) in the land; (2) on the land; (3) under the land; or (4) that may be taken from beneath the surface of the land. (b) The term i…

Sec. 0.5. (a) As used in this chapter, "coal bed methane production area" means the area of land determined by the operator in which multiple wells are drilled for a common production purpose. (b) A coal bed methane production area need not be part of a unit or other area in whic…

Sec. 0.8. As used in this chapter, "commercially minable coal resource" has the meaning set forth in IC 14-8-2-47. As added by P.L.140-2011, SEC.21.

Sec. 1. (a) As used in this chapter, "oil and gas" means petroleum and mineral oils and gaseous substances of whatever character naturally lying or found beneath the surface of land. (b) The term does not include coal bed methane. [Pre-2002 Recodification Citation: 32-5-7-1(a).] …

Sec. 2. As used in this chapter, "oil and gas estate in land" means the aggregate of all rights in land that affect the oil and gas in, on, under, or that may be taken from beneath the surface of the land. [Pre-2002 Recodification Citation: 32-5-7-1(b).] As added by P.L.2-2002, S…

Sec. 2.5. As used in this chapter, "operations for coal bed methane", unless otherwise indicated by the context of this chapter, means: (1) the exploration, surveying, or testing of land for coal bed methane; (2) other investigation of the potential of land for coal bed methane p…

Sec. 3. As used in this chapter, "operations for oil and gas", unless otherwise indicated by the context of this chapter, means: (1) the: (A) exploration; (B) testing; (C) surveying; or (D) other investigation; of the potential of the land for oil and gas; (2) the actual drilling…

Sec. 4. (a) As used in this chapter, "person in interest" means: (1) if used in reference to an oil and gas estate in land, the owner of a beneficial interest in the oil and gas estate in land; or (2) if used in reference to a coal bed methane estate in land, the owner of a benef…

Sec. 5. As used in this chapter, "surface rights" means all rights relating to the occupancy, user, or ownership of the surface of land affected by this chapter. [Pre-2002 Recodification Citation: 32-5-7-1(d).] As added by P.L.2-2002, SEC.8.

Sec. 6. A grant or reservation contained in an instrument that affects land in Indiana and that purports to convey or transfer an interest in the oil and gas in, on, under, or that may be produced from beneath the surface of the land transfers the following expressed rights and p…

Sec. 6.5. (a) This section does not apply in the event of an emergency entry. (b) Unless otherwise agreed by the surface owner, a person who is an owner or holder of an oil and gas mineral interest or coal bed methane mineral interest and who wants to enter land for the purpose o…

Sec. 7. (a) This section applies to the following: (1) Interests in oil and gas. (2) Interests in coal bed methane. (b) An interest referred to in subsection (a) in, on, under, or that may be taken from beneath the surface of land located in Indiana may be created: (1) for life; …

industry; construction of law Sec. 8. (a) This chapter does not limit the rights of parties to contract with regard to an oil and gas estate or a coal bed methane estate in land affecting lands in Indiana: (1) to the extent permitted by; and (2) in a manner consistent with; the n…

Sec. 1. This chapter applies to the exercise of eminent domain by a library board (as defined in IC 36-12-1-3). Notwithstanding any other law, a library board may exercise eminent domain only if it complies with this chapter. As added by P.L.163-2006, SEC.18.

Sec. 2. A library board may exercise eminent domain only if one (1) of the following legislative bodies adopts a resolution specifically authorizing the library board to exercise eminent domain over a particular parcel of land for a specific purpose: (1) If the library district i…

Sec. 3. The resolution described in section 2 of this chapter must specifically describe: (1) the parcel of land that the library board seeks to acquire by exercising eminent domain; (2) the purpose for which the parcel of land is to be acquired; and (3) why the exercise of emine…

Sec. 1. (a) The owner of the land on which a condominium is declared shall record with the recorder of the county in which the land is situated a declaration. Except as provided in section 2 or 3 of this chapter, the declaration must include the following: (1) A description of th…

Sec. 2. (a) If a condominium is an expandable condominium, the declaration shall contain, in addition to the matters specified in section 1 of this chapter: (1) a general plan of development showing: (A) the property subject to the condominium; (B) areas into which expansion may …

Sec. 3. If a condominium is a contractable condominium, the declaration shall contain, in addition to matters specified in section 1 of this chapter: (1) an explicit reservation of an option to contract the condominium; (2) a statement of any limitations on the option to contract…

Sec. 4. (a) Simultaneously with the recording of the declaration, a set of floor plans of the condominium or building shall be filed in the office of the county recorder. The set of floor plans must include the following: (1) The relation of the condominium or building to lot lin…

Sec. 5. (a) Each condominium unit in a building shall be designated, on the set of floor plans referred to in section 4 of this chapter, by letter, number, or other appropriate designation. (b) Any instrument recognized by the state for the conveyance or transfer of interests in …

Sec. 6. (a) Except as provided in subsection (b), if the declaration for a condominium is in conformity with section 2 of this chapter, it is presumed that any owner of a condominium unit in that condominium has consented to the changes in the percentage of undivided interest in …

Sec. 7. The declaration must contain a provision allowing the co-owners to amend the declaration at any time, from time to time, subject to the following: (1) The declarant's consent to an amendment may be required if: (A) the declarant owns one (1) or more units within the condo…

Sec. 1. If petitioned by at least twenty (20) property owners in the county, the board of county commissioners shall furnish a blank book to the recorder of the county, paid for out of the county fund, in which the county recorder shall keep a record of marks of rails and plank f…

Sec. 2. The county recorder shall charge a fee in accordance with IC 36-2-7-10 for the recording of each mark from the person adopting and having the mark recorded. The recorder may not record two (2) marks that exactly correspond. [Pre-2002 Recodification Citation: 32-10-7-2.] A…

Sec. 3. Any person who has the person's rails or plank fencing marked and recorded as provided under this chapter may, if the rails or plank fencing are removed by high water and overflow off the person's property on to the property of another person, remove the rails and plank f…