§ 34-30-26-7 — Visual inspection by potential purchaser or lender; immunity

Indiana § 34-30-26-7

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 26: Real Property Suspected to Be Vacant or Abandoned

Text

(a) This section applies to real property for
which the executive of a city, town, or county or an enforcement
authority (as defined by IC 36-7-9-2) has obtained a determination of
abandonment under IC 36-7-37 or IC 36-7-9.
(b) A city, town, or county may provide a potential purchaser or a
potential lender to a person who may want to purchase the real property
an opportunity to visually inspect the real property, if accompanied by
the appropriate enforcement authority. The appropriate enforcement
authority may accompany the person in inspecting the real property and
may enter upon the real property, including any structure located on the
real property, to visually inspect the real property to determine whether
the real property may be desirable. For purposes of a visual inspection
under this section, a potential purchaser or a potential lender may not:
(1) request a utility provider or the city, town, or county to
connect or turn on utilities to the real property; or
(2) physically disturb or alter the real property.
(c) An enforcement authority or a person that enters upon the
premises of real property as permitted under this section:
(1) is immune from civil liability for an act or omission related to
the entry, unless the act or omission constitutes gross negligence
or willful, wanton, or intentional misconduct; and
(2) shall be held harmless from and against all claims of civil or
criminal trespass.

Legislative History

As added by P.L.66-2014, SEC.24. Amended by P.L.247-2015, SEC.39.