IC 32-30-3.1-1 Finding that occupant not rightful owner; order to give possession
to plaintiff
Sec. 1. If an occupant of real property:
(1) has color of title to the property;
(2) in good faith has made valuable improvements to the
property; and
(3) after making improvements to the property is found, in a
court action, not to be the rightful owner of the property;
an order may not be issued to give the plaintiff possession of the
property until a complaint that meets the requirements of section 2
of this chapter has been filed and the provisions of this chapter are
complied with. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-2 Complaint; requirements
Sec. 2. The complaint must:
(1) set forth the grounds on which the defendant seeks relief;
and
(2) state, as accurately as practicable, the value of the
improvements on the real property and the value of the property
without the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-3 Trial; required assessments
Sec. 3. All issues under this chapter joined together must be tried
as in other cases, and the court or jury trying the cause shall assess
the following:
(1) The value of all lasting improvements made on the real
property in question before the commencement of the action for
the recovery of the property.
(2) The damages, if any, which the premises may have sustained
by waste or cultivation through the time the court renders a
judgment.
(3) The fair value of the rents and profits that may have
accrued, without the improvements, through the time the court
renders a judgment.
(4) The value of the real property that the successful claimant
has in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by those
under whose title to the property the defendant claims. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-4 Payment for improvements; possession
Sec. 4. The plaintiff in the main action for possession of the real
property may pay the appraised value of the improvements to the real
property, and the taxes paid, with interest, deducting the value of the
rents and profits, and the damages sustained, as assessed at the trial,
and take the property. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-5 Failure to pay value of improvements; possession by defendant;
payments to plaintiff
Sec. 5. If a plaintiff fails to pay the defendant the value of the
improvements to the real property established under section 4 of this
chapter after a reasonable time fixed by the court, the defendant may
take the property after paying the plaintiff the appraised value of the
property, minus the value of the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-6 Tenants in common; failure of plaintiff and defendant to make
required payments
Sec. 6. If the plaintiff does not pay the defendant the appraised
value of the improvements to the real property under section 4 of this
chapter and the defendant does not pay the plaintiff the appraised
value of the real property under section 5 of this chapter within the
time fixed by the court, the parties will be held to be tenants in
common of all the real property, including the improvements, each
holding an interest proportionate to the value of the party's property
as determined under section 5 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-7 Good faith purchaser
Sec. 7. Except when the purchaser knows at the time of the sale
that the seller lacks authority to sell the property, a purchaser who in
good faith, at a judicial or tax sale, purchases property that is sold by
the proper person or officer has color of title within the meaning of
this chapter, whether or not the person or officer had sufficient
authority to sell the property. The rights of the purchaser acquired
under this section pass to the purchaser's assignees or
representatives. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-8 Occupant's color of title; requirements
Sec. 8. An occupant of real property has color of title within the
meaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from the
records of any public office; or
(2) holds the property by purchase or descent from a person
claiming title derived from public records or by a properly
recorded deed. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-9 Recovery for lasting improvements
Sec. 9. (a) A claimant occupying real property who has color of
title may recover the value of lasting improvements to the real
property made by the party under whom the claimant claims, as well
as those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an agreement
in writing from the party having color of title, is entitled to the
remedy set forth in subsection (a). As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-10 Execution for possession
Sec. 10. A plaintiff in an action for possession of real property to
which this chapter applies is entitled to an execution for the
possession of the real property in accordance with this chapter, but
not otherwise. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-11 Writ for possession of land; required payments
Sec. 11. If any land is sold by an executor, an administrator, a
guardian, a sheriff, or a commissioner of the court and afterwards the
land is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay the
demand or judgment for which or for whose benefit the land
was sold; or
(3) anyone making a claim under a person identified under
subdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the land
without having paid the amount due, as determined under section 12
of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their
repeal) within the time determined by the court. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-12 Remedies
Sec. 12. Any defendant in the main court action for possession of
real property may file a complaint setting forth the sale and title
under it and any other matter allowed under this chapter. The court
proceedings must assess the values, damages, and other amounts of
which assessment is required under section 3 of this chapter. If after
the main court action the plaintiff has not paid the amount assessed
by the court, the court shall set a reasonable time for the plaintiff to
pay the defendant. If the plaintiff does not pay the amount within the
time set by the court, the court shall order the land sold without relief
from valuation or appraisement laws. If the premises are sold, the
defendant is entitled to receive from the proceeds of the sale the
amount the defendant is due, with interest, and court costs. The
plaintiff is entitled to the remainder of the proceeds of the sale. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-1 Finding that occupant not rightful owner; order to give possession
to plaintiff
Sec. 1. If an occupant of real property:
(1) has color of title to the property;
(2) in good faith has made valuable improvements to the
property; and
(3) after making improvements to the property is found, in a
court action, not to be the rightful owner of the property;
an order may not be issued to give the plaintiff possession of the
property until a complaint that meets the requirements of section 2
of this chapter has been filed and the provisions of this chapter are
complied with. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-2 Complaint; requirements
Sec. 2. The complaint must:
(1) set forth the grounds on which the defendant seeks relief;
and
(2) state, as accurately as practicable, the value of the
improvements on the real property and the value of the property
without the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-3 Trial; required assessments
Sec. 3. All issues under this chapter joined together must be tried
as in other cases, and the court or jury trying the cause shall assess
the following:
(1) The value of all lasting improvements made on the real
property in question before the commencement of the action for
the recovery of the property.
(2) The damages, if any, which the premises may have sustained
by waste or cultivation through the time the court renders a
judgment.
(3) The fair value of the rents and profits that may have
accrued, without the improvements, through the time the court
renders a judgment.
(4) The value of the real property that the successful claimant
has in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by those
under whose title to the property the defendant claims. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-4 Payment for improvements; possession
Sec. 4. The plaintiff in the main action for possession of the real
property may pay the appraised value of the improvements to the real
property, and the taxes paid, with interest, deducting the value of the
rents and profits, and the damages sustained, as assessed at the trial,
and take the property. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-5 Failure to pay value of improvements; possession by defendant;
payments to plaintiff
Sec. 5. If a plaintiff fails to pay the defendant the value of the
improvements to the real property established under section 4 of this
chapter after a reasonable time fixed by the court, the defendant may
take the property after paying the plaintiff the appraised value of the
property, minus the value of the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-6 Tenants in common; failure of plaintiff and defendant to make
required payments
Sec. 6. If the plaintiff does not pay the defendant the appraised
value of the improvements to the real property under section 4 of this
chapter and the defendant does not pay the plaintiff the appraised
value of the real property under section 5 of this chapter within the
time fixed by the court, the parties will be held to be tenants in
common of all the real property, including the improvements, each
holding an interest proportionate to the value of the party's property
as determined under section 5 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-7 Good faith purchaser
Sec. 7. Except when the purchaser knows at the time of the sale
that the seller lacks authority to sell the property, a purchaser who in
good faith, at a judicial or tax sale, purchases property that is sold by
the proper person or officer has color of title within the meaning of
this chapter, whether or not the person or officer had sufficient
authority to sell the property. The rights of the purchaser acquired
under this section pass to the purchaser's assignees or
representatives. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-8 Occupant's color of title; requirements
Sec. 8. An occupant of real property has color of title within the
meaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from the
records of any public office; or
(2) holds the property by purchase or descent from a person
claiming title derived from public records or by a properly
recorded deed. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-9 Recovery for lasting improvements
Sec. 9. (a) A claimant occupying real property who has color of
title may recover the value of lasting improvements to the real
property made by the party under whom the claimant claims, as well
as those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an agreement
in writing from the party having color of title, is entitled to the
remedy set forth in subsection (a). As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-10 Execution for possession
Sec. 10. A plaintiff in an action for possession of real property to
which this chapter applies is entitled to an execution for the
possession of the real property in accordance with this chapter, but
not otherwise. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-11 Writ for possession of land; required payments
Sec. 11. If any land is sold by an executor, an administrator, a
guardian, a sheriff, or a commissioner of the court and afterwards the
land is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay the
demand or judgment for which or for whose benefit the land
was sold; or
(3) anyone making a claim under a person identified under
subdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the land
without having paid the amount due, as determined under section 12
of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their
repeal) within the time determined by the court. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-12 Remedies
Sec. 12. Any defendant in the main court action for possession of
real property may file a complaint setting forth the sale and title
under it and any other matter allowed under this chapter. The court
proceedings must assess the values, damages, and other amounts of
which assessment is required under section 3 of this chapter. If after
the main court action the plaintiff has not paid the amount assessed
by the court, the court shall set a reasonable time for the plaintiff to
pay the defendant. If the plaintiff does not pay the amount within the
time set by the court, the court shall order the land sold without relief
from valuation or appraisement laws. If the premises are sold, the
defendant is entitled to receive from the proceeds of the sale the
amount the defendant is due, with interest, and court costs. The
plaintiff is entitled to the remainder of the proceeds of the sale. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-1 Finding that occupant not rightful owner; order to give possession
to plaintiff
Sec. 1. If an occupant of real property:
(1) has color of title to the property;
(2) in good faith has made valuable improvements to the
property; and
(3) after making improvements to the property is found, in a
court action, not to be the rightful owner of the property;
an order may not be issued to give the plaintiff possession of the
property until a complaint that meets the requirements of section 2
of this chapter has been filed and the provisions of this chapter are
complied with. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-2 Complaint; requirements
Sec. 2. The complaint must:
(1) set forth the grounds on which the defendant seeks relief;
and
(2) state, as accurately as practicable, the value of the
improvements on the real property and the value of the property
without the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-3 Trial; required assessments
Sec. 3. All issues under this chapter joined together must be tried
as in other cases, and the court or jury trying the cause shall assess
the following:
(1) The value of all lasting improvements made on the real
property in question before the commencement of the action for
the recovery of the property.
(2) The damages, if any, which the premises may have sustained
by waste or cultivation through the time the court renders a
judgment.
(3) The fair value of the rents and profits that may have
accrued, without the improvements, through the time the court
renders a judgment.
(4) The value of the real property that the successful claimant
has in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by those
under whose title to the property the defendant claims. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-4 Payment for improvements; possession
Sec. 4. The plaintiff in the main action for possession of the real
property may pay the appraised value of the improvements to the real
property, and the taxes paid, with interest, deducting the value of the
rents and profits, and the damages sustained, as assessed at the trial,
and take the property. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-5 Failure to pay value of improvements; possession by defendant;
payments to plaintiff
Sec. 5. If a plaintiff fails to pay the defendant the value of the
improvements to the real property established under section 4 of this
chapter after a reasonable time fixed by the court, the defendant may
take the property after paying the plaintiff the appraised value of the
property, minus the value of the improvements. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-6 Tenants in common; failure of plaintiff and defendant to make
required payments
Sec. 6. If the plaintiff does not pay the defendant the appraised
value of the improvements to the real property under section 4 of this
chapter and the defendant does not pay the plaintiff the appraised
value of the real property under section 5 of this chapter within the
time fixed by the court, the parties will be held to be tenants in
common of all the real property, including the improvements, each
holding an interest proportionate to the value of the party's property
as determined under section 5 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-7 Good faith purchaser
Sec. 7. Except when the purchaser knows at the time of the sale
that the seller lacks authority to sell the property, a purchaser who in
good faith, at a judicial or tax sale, purchases property that is sold by
the proper person or officer has color of title within the meaning of
this chapter, whether or not the person or officer had sufficient
authority to sell the property. The rights of the purchaser acquired
under this section pass to the purchaser's assignees or
representatives. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-8 Occupant's color of title; requirements
Sec. 8. An occupant of real property has color of title within the
meaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from the
records of any public office; or
(2) holds the property by purchase or descent from a person
claiming title derived from public records or by a properly
recorded deed. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-9 Recovery for lasting improvements
Sec. 9. (a) A claimant occupying real property who has color of
title may recover the value of lasting improvements to the real
property made by the party under whom the claimant claims, as well
as those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an agreement
in writing from the party having color of title, is entitled to the
remedy set forth in subsection (a). As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-10 Execution for possession
Sec. 10. A plaintiff in an action for possession of real property to
which this chapter applies is entitled to an execution for the
possession of the real property in accordance with this chapter, but
not otherwise. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-11 Writ for possession of land; required payments
Sec. 11. If any land is sold by an executor, an administrator, a
guardian, a sheriff, or a commissioner of the court and afterwards the
land is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay the
demand or judgment for which or for whose benefit the land
was sold; or
(3) anyone making a claim under a person identified under
subdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the land
without having paid the amount due, as determined under section 12
of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their
repeal) within the time determined by the court. As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-12 Remedies
Sec. 12. Any defendant in the main court action for possession of
real property may file a complaint setting forth the sale and title
under it and any other matter allowed under this chapter. The court
proceedings must assess the values, damages, and other amounts of
which assessment is required under section 3 of this chapter. If after
the main court action the plaintiff has not paid the amount assessed
by the court, the court shall set a reasonable time for the plaintiff to
pay the defendant. If the plaintiff does not pay the amount within the
time set by the court, the court shall order the land sold without relief
from valuation or appraisement laws. If the premises are sold, the
defendant is entitled to receive from the proceeds of the sale the
amount the defendant is due, with interest, and court costs. The
plaintiff is entitled to the remainder of the proceeds of the sale. As added by P.L.2-2002, SEC.15.
