Indiana § 36-1-11-5.9 Sale or transfer of real property acquired by tax default; rights of
abutting landowners; procedures

Indiana Statutes

§ 36-1-11-5.9 — Sale or transfer of real property acquired by tax default; rights of abutting landowners; procedures

Indiana § 36-1-11-5.9

Title 36LOCAL GOVERNMENT

Art. 1GENERAL PROVISIONS

Ch. 11Disposal of Real or Personal Property

This text of Indiana § 36-1-11-5.9 (Sale or transfer of real property acquired by tax default; rights of abutting landowners; procedures) 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 § 36-1-11-5.9 (2026).

Text

9.

(a)As used in this section, "abutting landowner" has the meaning set forth in section 5(a) of this chapter.

(b)As used in this section, "real property acquired by tax default" means the following:

(1)Real property for which a county holds a tax deed issued under IC 6-1.1-25.

(2)Real property acquired by a political subdivision from a county under section 8 of this chapter if at the time of transfer the county held a tax deed issued under IC 6-1.1-25 for the real property.

(c)Notwithstanding sections 4, 4.1, 4.2, and 5 of this chapter, and subject to the procedures described in subsections (d) and (e), a disposing agent of a political subdivision may sell or transfer real property acquired by tax default without consideration or for a nominal consideration to an abutting landowner.

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9. (a) As used in this section, "abutting
landowner" has the meaning set forth in section 5(a) of this chapter.
(b) As used in this section, "real property acquired by tax default"
means the following:
(1) Real property for which a county holds a tax deed issued
under IC 6-1.1-25.
(2) Real property acquired by a political subdivision from a
county under section 8 of this chapter if at the time of transfer the
county held a tax deed issued under IC 6-1.1-25 for the real
property.
(c) Notwithstanding sections 4, 4.1, 4.2, and 5 of this chapter, and
subject to the procedures described in subsections (d) and (e), a
disposing agent of a political subdivision may sell or transfer real
property acquired by tax default without consideration or for a nominal
consideration to an abutting landowner.
(d) A disposing agent who desires to transfer real property acquired
by tax default to an abutting landowner shall send notice by certified
mail to all abutting landowners. The notice must identify the tracts
intended for sale by legal description and, if possible, by key number
and street address. The notice must also include a statement that:
(1) the disposing agent is authorized to transfer the property for
no consideration or for nominal consideration;
(2) the property may not be sold to a person who is ineligible
under section 16 of this chapter; and
(3) an offer to purchase the property submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(e) Not earlier than fourteen (14) days after a disposing agent sends
the notice described in subsection (d) to the abutting landowners of a
tract, the disposing agent shall conduct the negotiation and sale of the
tract under this section as follows:
(1) If only one (1) eligible abutting landowner makes an offer to
purchase the tract, then subject to section 16 of this chapter and
without appraisal or further notice, the disposing agent shall offer
to negotiate for the sale of the tract with that abutting landowner.
(2) If more than one (1) eligible abutting landowner submits an
offer to purchase the tract, the other eligible abutting landowners
who submit offers shall be informed of the highest offer received
and be given an opportunity to submit one (1) additional offer.
The tract shall be sold to the eligible abutting landowner who
submits the highest offer for the tract and who complies with any
requirement under subsection (d)(3).