§ 36-7-37-4 — Order to show cause why property should not be determined abandoned; order to appear

Indiana § 36-7-37-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 37: Determination of Abandoned Property

Text

Upon receiving a request for a determination
of abandonment from an enforcement authority, or an executive of a
county, city, or town through a petition or motion filed with the court
and served on the required parties in accordance with this chapter, or
if an enforcement authority requests an abandonment determination
from the hearing authority and has served the request as provided in IC 36-7-9, the court or hearing authority shall issue an order to show cause
as to why the property should not be found to be abandoned and
directing the petitioner, the owner, and any other person or party the
court or hearing authority considers appropriate to appear before the
court or hearing authority on a date and time specified in the order
under subdivision (1). The court's or hearing authority's order under
this section must do the following:
(1) Direct the parties subject to the order to appear before the
court or hearing authority on a date and time specified by the
court or hearing authority. The date specified under this
subdivision must not be:
(A) earlier than fifteen (15) days; or
(B) later than twenty-five (25) days;
after the date of the court's or hearing authority's order under this
section.
(2) Notify the parties subject to the order that any party ordered
to appear:
(A) may present evidence or objections on the issue of
abandonment to the court or hearing authority:
(i) in writing before the appearance date specified by the
court or hearing authority under subdivision (1); or
(ii) in writing or by oral testimony on the date and at the time
specified by the court or hearing authority under subdivision
(1);
in the manner specified by the court or hearing authority; and
(B) has the right to be represented by an attorney when
appearing before the court or hearing authority.
(3) Notify the parties subject to the order that if a party fails to:
(A) submit written evidence or objections to the court or
hearing authority before the appearance date specified by the
court or hearing authority under subdivision (1); or
(B) appear before the court or hearing authority on the date and
at the time specified by the court or hearing authority under
subdivision (1);
the party's failure to submit evidence or objections or to appear
before the court or hearing authority will result in a finding of
abandonment by the court or hearing authority.

Legislative History

As added by P.L.247-2015, SEC.50.