§ 10-14-3-31 — Individual management obligations; compensation for property

Indiana § 10-14-3-31

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

(a) A person in Indiana shall conduct himself
or herself and keep and manage his or her affairs and property in ways
that will reasonably assist and will not unreasonably detract from the
ability of the state and the public to successfully meet disaster
emergencies. This obligation includes appropriate personal service and
use or restriction on the use of property in time of disaster emergency.
Compensation for services or for the taking or use of property may be
made only to the extent:
(1) that obligations recognized in this chapter are exceeded in a
particular case; and
(2) that the claimant has not volunteered the claimant's services
or property without compensation.
(b) Personal services may not be compensated by the state or any
subdivision or agency of the state except under statute, local law, or
ordinance.
(c) Compensation for property may be paid only if the property was
commandeered or otherwise used in coping with a disaster emergency
and its use or destruction was ordered by the governor or a member of
the disaster emergency forces of Indiana.
(d) Any person claiming compensation for the use, damage, loss, or
destruction of property under this chapter must make a claim for it. The
claim must be filed and shall be adjudicated as provided in IC 32-24.
(e) This section does not apply to or authorize compensation for the
destruction or damaging of standing timber or other property in order
to provide a fire break or to the release of waters or the breach of
impoundments in order to reduce pressure or other danger from actual
or threatened flood.
[Pre-2003 Recodification Citation: 10-4-1-25.]

Legislative History

As added by P.L.2-2003, SEC.5.