Indiana § 32-30-3-21 - Valuation of exempt real estate; limitation

§ 32-30-3-21. Valuation of exempt real estate; limitation

Sec. 21. At the hearing under section 20 of this chapter, the court shall determine the value of the householder's interest in the real estate and shall set forth this amount in the decree quieting the title to the real estate. While the householder owns the real estate, the amount shall be charged against any other claim of exemption made by the householder to limit the householder's exemption in the real estate from sale on execution or other final process to the amount allowed by law.

[Pre-2002 Recodification Citation: 32-6-7-2.]

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

IC 32-30-3.1Chapter 3.1. Occupying Claimant

32-30-3.1-1Finding that occupant not rightful owner; order to give possession to plaintiff 32-30-3.1-2Complaint; requirements 32-30-3.1-3Trial; required assessments 32-30-3.1-4Payment for improvements; possession 32-30-3.1-5Failure to pay value of improvements; possession by defendant; payments to plaintiff 32-30-3.1-6Tenants in common; failure of plaintiff and defendant to make required payments 32-30-3.1-7Good faith purchaser 32-30-3.1-8Occupant's color of title; requirements 32-30-3.1-9Recovery for lasting improvements 32-30-3.1-10Execution for possession 32-30-3.1-11Writ for possession of land; required payments 32-30-3.1-12Remedies

IC 32-30-3.1-1Finding that occupant not rightful owner; order to give possession to plaintiff Sec. 1. If an occupant of real property:

(1) has color of title to the property;

(2) in good faith has made valuable improvements to the property; and

(3) after making improvements to the property is found, in a court action, not to be the rightful owner of the property;

an order may not be issued to give the plaintiff possession of the property until a complaint that meets the requirements of section 2 of this chapter has been filed and the provisions of this chapter are complied with.

[Pre-2002 Recodification Citation: 32-15-3-1.]

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

IC 32-30-3.1-2Complaint; requirements Sec. 2. The complaint must:

(1) set forth the grounds on which the defendant seeks relief; and

(2) state, as accurately as practicable, the value of the improvements on the real property and the value of the property without the improvements.

[Pre-2002 Recodification Citation: 32-15-3-2.]

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

IC 32-30-3.1-3Trial; required assessments 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.

(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.

IC 32-30-3.1-4Payment for improvements; possession Sec. 4. The plaintiff in the main action for possession of the real property may pay the appraised value of the improvements to the real property, and the taxes paid, with interest, deducting the value of the rents and profits, and the damages sustained, as assessed at the trial, and take the property.

[Pre-2002 Recodification Citation: 32-15-3-4.]

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

IC 32-30-3.1-5Failure to pay value of improvements; possession by defendant; payments to plaintiff Sec. 5. If a plaintiff fails to pay the defendant the value of the improvements to the real property established under section 4 of this chapter after a reasonable time fixed by the court, the defendant may take the property after paying the plaintiff the appraised value of the property, minus the value of the improvements.

[Pre-2002 Recodification Citation: 32-15-3-5.]

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

IC 32-30-3.1-6Tenants in common; failure of plaintiff and defendant to make required payments Sec. 6. If the plaintiff does not pay the defendant the appraised value of the improvements to the real property under section 4 of this chapter and the defendant does not pay the plaintiff the appraised value of the real property under section 5 of this chapter within the time fixed by the court, the parties will be held to be tenants in common of all the real property, including the improvements, each holding an interest proportionate to the value of the party's property as determined under section 5 of this chapter.

[Pre-2002 Recodification Citation: 32-15-3-6.]

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

IC 32-30-3.1-7Good faith purchaser Sec. 7. Except when the purchaser knows at the time of the sale that the seller lacks authority to sell the property, a purchaser who in good faith, at a judicial or tax sale, purchases property that is sold by the proper person or officer has color of title within the meaning of this chapter, whether or not the person or officer had sufficient authority to sell the property. The rights of the purchaser acquired under this section pass to the purchaser's assignees or representatives.

[Pre-2002 Recodification Citation: 32-15-3-7.]

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

IC 32-30-3.1-8Occupant's color of title; requirements Sec. 8. An occupant of real property has color of title within the meaning of this chapter if the occupant:

(1) can show a connected title in law or equity, derived from the records of any public office; or

(2) holds the property by purchase or descent from a person claiming title derived from public records or by a properly recorded deed.

[Pre-2002 Recodification Citation: 32-15-3-8.]

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

IC 32-30-3.1-9Recovery for lasting improvements Sec. 9. (a) A claimant occupying real property who has color of title may recover the value of lasting improvements to the real property made by the party under whom the claimant claims, as well as those improvements made by the occupying claimant.

(b) A person holding the premises as a purchaser, by an agreement in writing from the party having color of title, is entitled to the remedy set forth in subsection (a).

[Pre-2002 Recodification Citation: 32-15-3-9.]

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

IC 32-30-3.1-10Execution for possession Sec. 10. A plaintiff in an action for possession of real property to which this chapter applies is entitled to an execution for the possession of the real property in accordance with this chapter, but not otherwise.

[Pre-2002 Recodification Citation: 32-15-3-10.]

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

IC 32-30-3.1-11Writ for possession of land; required payments Sec. 11. If any land is sold by an executor, an administrator, a guardian, a sheriff, or a commissioner of the court and afterwards the land is recovered in the proper action by:

(1) a person who was originally liable;

(2) a person in whose hands the land would be liable to pay the demand or judgment for which or for whose benefit the land was sold; or

(3) anyone making a claim under a person identified under subdivision (1) or (2);

the plaintiff is not entitled to a writ for the possession of the land without having paid the amount due, as determined under section 12 of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their repeal) within the time determined by the court.

[Pre-2002 Recodification Citation: 32-15-3-11.]

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

IC 32-30-3.1-12Remedies Sec. 12. Any defendant in the main court action for possession of real property may file a complaint setting forth the sale and title under it and any other matter allowed under this chapter. The court proceedings must assess the values, damages, and other amounts of which assessment is required under section 3 of this chapter. If after the main court action the plaintiff has not paid the amount assessed by the court, the court shall set a reasonable time for the plaintiff to pay the defendant. If the plaintiff does not pay the amount within the time set by the court, the court shall order the land sold. If the premises are sold, the defendant is entitled to receive from the proceeds of the sale the amount the defendant is due, with interest, and court costs. The plaintiff is entitled to the remainder of the proceeds of the sale.

[Pre-2002 Recodification Citation: 32-15-3-12.]

As added by P.L.2-2002, SEC.15. Amended by P.L.45-2016, SEC.9.

IC 32-30-4Chapter 4. Actions for Waste

32-30-4-1Additional actions authorized 32-30-4-2Action by person with remainder or reversion in estate