Sec. 4. Upon receiving a request for a determination of abandonment from an enforcement authority, or an executive of a county, city, or town through a petition or motion filed with the court and served on the required parties in accordance with this chapter, or if an enforcement authority requests an abandonment determination from the hearing authority and has served the request as provided in IC 36-7-9, the court or hearing authority shall issue an order to show cause as to why the property should not be found to be abandoned and directing the petitioner, the owner, and any other person or party the court or hearing authority considers appropriate to appear before the court or hearing authority on a date and time specified in the order under subdivision (1). The court’s or hearing authority’s order under this section must do the following:

(1) Direct the parties subject to the order to appear before the court or hearing authority on a date and time specified by the court or hearing authority. The date specified under this subdivision must not be:

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Terms Used In Indiana Code 36-7-37-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(A) earlier than fifteen (15) days; or

(B) later than twenty-five (25) days;

after the date of the court’s or hearing authority’s order under this section.

(2) Notify the parties subject to the order that any party ordered to appear:

(A) may present evidence or objections on the issue of abandonment to the court or hearing authority:

(i) in writing before the appearance date specified by the court or hearing authority under subdivision (1); or

(ii) in writing or by oral testimony on the date and at the time specified by the court or hearing authority under subdivision (1);

in the manner specified by the court or hearing authority; and

(B) has the right to be represented by an attorney when appearing before the court or hearing authority.

(3) Notify the parties subject to the order that if a party fails to:

(A) submit written evidence or objections to the court or hearing authority before the appearance date specified by the court or hearing authority under subdivision (1); or

(B) appear before the court or hearing authority on the date and at the time specified by the court or hearing authority under subdivision (1);

the party’s failure to submit evidence or objections or to appear before the court or hearing authority will result in a finding of abandonment by the court or hearing authority.

As added by P.L.247-2015, SEC.50.

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