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Indiana Code Title 36. Local Government § 36-1-11-5.9

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5.9. (a) As used in this section, “abutting landowner” has the meaning set forth in section 5(a) of this chapter.

(b) As used in this section, “real property acquired by tax default” means the following:

(1) Real property for which a county holds a tax deed issued under IC 6-1.1-25.

(2) Real property acquired by a political subdivision from a county under section 8 of this chapter if at the time of transfer the county held a tax deed issued under IC 6-1.1-25 for the real property.

(c) Notwithstanding sections 4, 4.1, 4.2, and 5 of this chapter, and subject to the procedures described in subsections (d) and (e), a disposing agent of a political subdivision may sell or transfer real property acquired by tax default without consideration or for a nominal consideration to an abutting landowner.

(d) A disposing agent who desires to transfer real property acquired by tax default to an abutting landowner shall send notice by certified mail to all abutting landowners.  The notice must identify the tracts intended for sale by legal description and, if possible, by key number and street address.  The notice must also include a statement that:

(1) the disposing agent is authorized to transfer the property for no consideration or for nominal consideration;

(2) the property may not be sold to a person who is ineligible under section 16 of this chapter;  and

(3) an offer to purchase the property submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust;  and

(B) settlor empowered to revoke or modify the trust.

(e) Not earlier than fourteen (14) days after a disposing agent sends the notice described in subsection (d) to the abutting landowners of a tract, the disposing agent shall conduct the negotiation and sale of the tract under this section as follows:

(1) If only one (1) eligible abutting landowner makes an offer to purchase the tract, then subject to section 16 of this chapter and without appraisal or further notice, the disposing agent shall offer to negotiate for the sale of the tract with that abutting landowner.

(2) If more than one (1) eligible abutting landowner submits an offer to purchase the tract, the other eligible abutting landowners who submit offers shall be informed of the highest offer received and be given an opportunity to submit one (1) additional offer.  The tract shall be sold to the eligible abutting landowner who submits the highest offer for the tract and who complies with any requirement under subsection (d)(3).

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-1-11-5.9 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-1-11-5-9/

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