§ 14-17-2-8 — Action to invalidate title in the state

Indiana § 14-17-2-8

• Jurisdiction: Indiana
• Art. 17: PROPERTY ACQUISITION
• Ch. 2: Acquisition of Tax Delinquent Land for Conservation

Text

(a) Except as provided in subsections (b) and
(c):
(1) an action alleging that the title created in the state is invalid
must be commenced; and
(2) a defense to the action must be used;
within one (1) year from the time the certificate of title is filed for
record in the office of the county recorder. This limitation does not
exempt from its bar actions involving jurisdictional defects.
(b) The limitations prescribed by subsection (a) do not run if any of
the following conditions exist:
(1) While the real property in question is in the actual possession
of the holder of the record title.
(2) If the real property in question was redeemed during the
redemption period.
(3) If all taxes supposedly delinquent when the real property in
question was designated were in fact paid and were not then
delinquent.
(4) If the real property in question was exempt under the tax
exemption statute from all taxes delinquent when the real property
was designated.
(5) If all levies of taxes delinquent when the real property in
question was designated were made by taxing officers absolutely
without jurisdiction ab initio to do so.
(c) A person who was under a legal disability when a cause of action
accrued may bring the action within two (2) years after the disability is
removed.
(d) Within one (1) year from the time the certificate of title is filed
for record in the office of the county recorder, and at no other time, an
action:
(1) for the recovery of; or
(2) to quiet title to;
any of the designated conservation land may be commenced naming
the state as defendant.
[Pre-1995 Recodification Citation: 4-17-11-4.]

Legislative History

As added by P.L.1-1995, SEC.10.