Indiana Code 34-30-26-5. Limited authorization to enter suspected vacant or abandoned real property; limited immunity
(1) Without entering any structure located on the real property, visually inspect the real property to determine whether the real property may be vacant or abandoned.
Terms Used In Indiana Code 34-30-26-5
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- creditor: means a person:
Indiana Code 34-30-26-1
- enforcement authority: has the meaning set forth in IC 36-7-9-2. See Indiana Code 34-30-26-2
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
(A) Secure the real property.
(B) Remove trash or debris from the grounds of the real property.
(C) Landscape, maintain, or mow the grounds of the real property.
(D) Remove or paint over graffiti on the real property.
(b) A person who:
(1) enters upon the premises of real property to visually inspect the property, as permitted under subsection (a)(1); and
(2) after inspecting the real property, determines that the real property may be vacant or abandoned;
may notify the appropriate enforcement authority of the suspected vacant or abandoned status of the property and request that the enforcement authority inspect the property to determine whether the property is in fact vacant or abandoned.
(c) A person that enters upon the premises of real property as permitted under this section:
(1) is immune from civil liability for an act or omission related to the entry or to any action described in subsection (a)(2), unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct; and
(2) shall be held harmless from and against all claims of civil or criminal trespass.
(d) In the case of real property that is subject to a mortgage, the creditor in the mortgage transaction may not enter upon the premises of the real property under subsection (a) if entry is barred by an automatic stay issued by a bankruptcy court.
As added by P.L.170-2011, SEC.15. Amended by P.L.203-2013, SEC.24.