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.

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Terms Used In Indiana Code 32-30-3.1-3

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(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.

[Pre-2002 Recodification Citation: 32-15-3-3.]

As added by P.L.2-2002, SEC.15.