Indiana Code Title 32. Property § 32-26-2-16

Sec. 16. (a) If a person who encloses previously unenclosed property refuses to pay the owner of an existing fence under section 15 of this chapter, the owner may file a civil action for recovery of the amount due under section 15 of this chapter.

(b) This subsection applies if, before a trial under subsection (a):

an amount equal to or larger than the damages awarded at the trial and the costs accrued up to the date of the offer.  The owner of the existing fence shall pay the costs of the action and receive only the damages assessed.