Indiana § 32-22-3-6.5 Investigation and enforcement; receivership; liability; effect of
divestiture

Indiana Statutes

§ 32-22-3-6.5 — Investigation and enforcement; receivership; liability; effect of divestiture

Indiana § 32-22-3-6.5

Title 32PROPERTY

Art. 22CONVEYANCE LIMITATIONS OF REAL

Ch. 3Rights of a Foreign Business Entity to Hold and Convey

This text of Indiana § 32-22-3-6.5 (Investigation and enforcement; receivership; liability; effect of divestiture) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-22-3-6.5 (2026).

Text

5.

(a)Upon receipt of information that leads the attorney general to believe an acquisition or lease of agricultural land violates section 4.5 of this chapter, the attorney general shall investigate the alleged violation and may issue subpoenas requiring the:

(1)appearance of witnesses;

(2)production of relevant records; and

(3)giving of relevant testimony.

(b)The attorney general shall enforce a violation of section 4.5 of this chapter by commencing a receivership proceeding under IC 32-30-5-1 and selling the agricultural land through the receivership. The following apply to a receivership proceeding under this section:

(1)Proceeds of the sale shall be paid as follows:

(A)The costs of the receivership and sale.

(B)To lienholders, in their order of priority, except for liens which

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5. (a) Upon receipt of information that leads
the attorney general to believe an acquisition or lease of agricultural
land violates section 4.5 of this chapter, the attorney general shall
investigate the alleged violation and may issue subpoenas requiring
the:
(1) appearance of witnesses;
(2) production of relevant records; and
(3) giving of relevant testimony.
(b) The attorney general shall enforce a violation of section 4.5 of
this chapter by commencing a receivership proceeding under IC 32-30-5-1 and selling the agricultural land through the receivership.
The following apply to a receivership proceeding under this section:
(1) Proceeds of the sale shall be paid as follows:
(A) The costs of the receivership and sale.
(B) To lienholders, in their order of priority, except for liens
which under the terms of the sale are to remain on the property.
(C) No proceeds shall be distributed from the receivership sale
to the prohibited person. Any excess proceeds are forfeited and
shall be transferred to the state general fund by the receiver.
(2) At the receivership sale, lienholders shall be able to have a
credit bid in an amount that is not more than the amount owed to
the lienholder on the date of the sale, as established in the court
order for the sale of the property.
(3) Upon commencement of an action under this section, the
attorney general shall promptly file a notice of lis pendens with
the clerk of court. Upon the entry of an order for the sale of the
property under this section, the attorney general shall promptly
record a copy of the order in the office of the recorder of the
county where the property is located.
(c) The responsibility for determining whether an individual or other
entity is subject to section 4.5 of this chapter rests solely with the
prohibited person and the attorney general and no other individual or
entity. An individual or other entity who is not a prohibited person shall
bear no civil or criminal liability for failing to determine or make
inquiry of whether an individual or other entity is a prohibited person.
(d) Divestiture of a prohibited person's title under this section shall
not be a basis to void, invalidate, or otherwise extinguish any bona fide
mortgage, lien, or other interest granted by, through, or under the
prohibited person.