§ 36-7-29-22.5 — Lien on property

Indiana § 36-7-29-22.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 29: Local Environmental Response Financing

Text

5. (a) After removal or remedial action is
initiated under this chapter, the district may impose a lien on the
property on which the removal or remedial action is undertaken. The
lien may secure the payment to the district of an amount of money
equal to the amount of money expended periodically by the district to
finance the removal or remedial action.
(b) In order to perfect a lien arising under subsection (a), the district
must file notice of the lien in the office of the county recorder. At least
thirty (30) days before filing notice of the lien in the office of the
county recorder, the district must provide by certified mail to:
(1) the owner of the real property that would be subject to the lien,
at the owner's last known address; or
(2) the tenant or other person having control of the real property
that would be subject to the lien, at the last known address of the
tenant or other person, if the owner of record cannot be identified;
a written notice of the date on which the district intends to impose a
lien under subsection (a). The district shall also provide the county
recorder with a copy of the written notice required by this subsection.
(c) When a notice of a lien arising under subsection (a) is presented
to the county recorder for filing, the county recorder shall enter the lien
appropriately in the entry book and in the miscellaneous record. The
entries made under this subsection must show the following:
(1) The date of filing.
(2) The book and page number or instrument number.
(3) The name of the person named in the notice.
(4) A legal description of the property if appropriate.
(5) A serial number or other identifying number given in the
notice.
(d) After a notice of a lien is filed with the county recorder under
subsection (c), the district shall provide notice of the filing of the lien
by certified mail to:
(1) the owner of the property that is subject to the lien, at the
owner's last known address; or
(2) the tenant or other person having control of the property that
is subject to the lien, at the last known address of the tenant or
other person, if the owner of record cannot be identified.
(e) Subject to subsection (f), when a certificate of discharge of a lien
arising under this section is:
(1) issued by the board or its designated representative; and
(2) presented for filing in the office of the county recorder;
the county recorder shall record the certificate of discharge as a release
of the lien.
(f) To be recorded under subsection (e), the certificate must refer to
the county recorder's book and page number or instrument number
under which the lien was recorded.
(g) When recording a release of a lien under subsection (e), the
county recorder shall inscribe, in the margin of each entry made to
record the lien under subsection (d), a reference to the place where the
release is recorded.
(h) Upon:
(1) the recording of the certificate of discharge as a release under
subsection (e); and
(2) the inscribing of the references to the release under this
section;
a certificate of discharge of a lien arising under subsection (a) operates
as a full discharge and satisfaction of the lien unless the references to
the release inscribed under subsection (e) specifically note the release
as a partial lien release.
(i) A lien created under subsection (a) continues until the earlier of
the following:
(1) The full discharge and satisfaction of the lien.
(2) The expiration of a twenty (20) year period from the date of
the creation of the lien, unless an action to foreclose the lien is
pending.

Legislative History

As added by P.L.60-1999, SEC.1.