§ 6-1.1-25-4.1 — Property containing hazardous waste or other environmental hazards; procedures to obtain title and eliminate hazardous conditions

Indiana § 6-1.1-25-4.1

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 25: Redemption of and Tax Deeds for Real Property Sold

Text

1. (a) If, as provided in section 4(i) of this
chapter, the county auditor does not issue a deed to the county for
property for which a certificate of sale has been issued to the county
under IC 6-1.1-24-9 because the county executive determines that the
property contains hazardous waste or another environmental hazard for
which the cost of abatement or alleviation will exceed the fair market
value of the property, the property may be transferred consistent with
this section.
(b) A person who desires to obtain title to and eliminate the
hazardous conditions of property containing hazardous waste or
another environmental hazard for which a county holds a certificate of
sale but to which a deed may not be issued to the county under section
4(i) of this chapter may file a petition with the county auditor seeking
a waiver of the delinquent taxes, special assessments, interest,
penalties, and costs assessed against the property and transfer of the
title to the property to the petitioner. The petition must:
(1) be on a form prescribed by the state board of accounts and
approved by the department of local government finance;
(2) state the amount of taxes, special assessments, penalties, and
costs assessed against the property for which a waiver is sought;
(3) describe the conditions existing on the property that have
prevented the sale or the transfer of title to the county;
(4) describe the plan of the petitioner for elimination of the
hazardous condition on the property under IC 13-25-5 and the
intended use of the property; and
(5) be accompanied by a fee established by the county auditor for
completion of a title search and processing.
(c) Upon receipt of a petition described in subsection (b), the county
auditor shall review the petition to determine whether the petition is
complete. If the petition is not complete, the county auditor shall return
the petition to the petitioner and describe the defects in the petition.
The petitioner may correct the defects and file the completed petition
with the county auditor. Upon receipt of a completed petition, the
county auditor shall forward a copy of the petition to:
(1) the assessor of the township in which the property is located,
or the county assessor if there is no township assessor for the
township;
(2) the owner;
(3) all persons who have, as of the date of the filing of the
petition, a substantial interest of public record in the property;
(4) the county property tax assessment board of appeals; and
(5) the department of local government finance.
(d) Upon receipt of a petition described in subsection (b), the county
property tax assessment board of appeals shall, at the county property
tax assessment board of appeals' earliest opportunity, conduct a public
hearing on the petition. The county property tax assessment board of
appeals shall, by mail, give notice of the date, time, and place fixed for
the hearing to:
(1) the petitioner;
(2) the owner;
(3) all persons who have, as of the date the petition was filed, a
substantial interest of public record in the property; and
(4) the assessor of the township in which the property is located,
or the county assessor if there is no township assessor for the
township.
In addition, notice of the public hearing on the petition shall be
published one (1) time at least ten (10) days before the hearing in a
newspaper of general circulation in the county in which the property is
located and posted at the principal office of the county property tax
assessment board of appeals, or at the building where the meeting is to
be held.
(e) After the hearing and completion of any additional investigation
of the property or of the petitioner that is considered necessary by the
county property tax assessment board of appeals, the county board shall
give notice, by mail, to the parties listed in subsection (d) of the county
property tax assessment board of appeals' recommendation as to
whether the petition should be granted. The county property tax
assessment board of appeals shall forward to the department of local
government finance a copy of the county property tax assessment board
of appeals' recommendation and a copy of the documents submitted to
or collected by the county property tax assessment board of appeals at
the public hearing or during the course of the county board of appeals'
investigation of the petition.
(f) Upon receipt by the department of local government finance of
a recommendation by the county property tax assessment board of
appeals, the department of local government finance shall review the
petition and all other materials submitted by the county property tax
assessment board of appeals and determine whether to grant the
petition. Notice of the determination by the department of local
government finance and the right to seek an appeal of the
determination shall be given by mail to:
(1) the petitioner;
(2) the owner;
(3) all persons who have, as of the date the petition was filed, a
substantial interest of public record in the property;
(4) the assessor of the township in which the property is located,
or the county assessor if there is no township assessor for the
township; and
(5) the county property tax assessment board of appeals.
(g) Any person aggrieved by a determination of the department of
local government finance under subsection (f) may file an appeal
seeking additional review by the department of local government
finance and a public hearing. In order to obtain a review under this
subsection, the aggrieved person must file a petition for appeal with the
county auditor in the county where the tract or item of real property is
located not more than thirty (30) days after issuance of notice of the
determination of the department of local government finance. The
county auditor shall transmit the petition for appeal to the department
of local government finance not more than ten (10) days after the
petition is filed.
(h) Upon receipt by the department of local government finance of
an appeal, the department of local government finance shall set a date,
time, and place for a hearing. The department of local government
finance shall give notice, by mail, of the date, time, and place fixed for
the hearing to:
(1) the person filing the appeal;
(2) the petitioner;
(3) the owner;
(4) all persons who have, as of the date the petition was filed, a
substantial interest of public record in the property;
(5) the assessor of the township in which the property is located,
or the county assessor if there is no township assessor for the
township; and
(6) the county property tax assessment board of appeals.
The department of local government finance shall give the notices at
least ten (10) days before the day fixed for the hearing.
(i) After the hearing, the department of local government finance
shall give the parties listed in subsection (h) notice by mail of the final
determination of the department of local government finance.
(j) If the department of local government finance decides to:
(1) grant the petition submitted under subsection (b) after initial
review of the petition under subsection (f) or after an appeal
under subsection (h); and
(2) waive the taxes, special assessments, interest, penalties, and
costs assessed against the property;
the department of local government finance shall issue to the county
auditor an order directing the removal from the tax duplicate of the
taxes, special assessments, interest, penalties, and costs for which the
waiver is granted.
(k) After:
(1) at least thirty (30) days have passed since the issuance of a
notice by the department of local government finance to the
county property tax assessment board of appeals granting a
petition filed under subsection (b), if no appeal has been filed; or
(2) not more than thirty (30) days after receipt by the county
property tax assessment board of appeals of a notice of a final
determination of the department of local government finance
granting a petition filed under subsection (b) after an appeal has
been filed and heard under subsection (h);
the county auditor shall file a verified petition and an application for an
order on the petition in the court in which the judgment of sale was
entered asking the court to direct the county auditor to issue a tax deed
to the real property. The petition shall contain the certificate of sale
issued to the county, a copy of the petition filed under subsection (b),
and a copy of the notice of the final determination of the department of
local government finance directing the county auditor to remove the
taxes, interest, penalties, and costs from the tax duplicate. Notice of the
filing of the petition and application for an order on the petition shall
be given, by mail, to the owner and any person with a substantial
interest of public record in the property. A person owning or having an
interest in the property may appear to object to the petition.
(l) The court shall enter an order directing the county auditor to
issue a tax deed to the petitioner under subsection (b) if the court finds
that the following conditions exist:
(1) The time for redemption has expired.
(2) The property has not been redeemed before the expiration of
the period of redemption specified in section 4 of this chapter.
(3) All taxes, special assessments, interest, penalties, and costs
have been waived by the department of local government finance
or, to the extent not waived, paid by the petitioner under
subsection (b).
(4) All notices required by this section and sections 4.5 and 4.6 of
this chapter have been given.
(5) The petitioner under subsection (b) has complied with all the
provisions of law entitling the petitioner to a tax deed.
(m) A tax deed issued under this section is uncontestable except by
appeal from the order of the court directing the county auditor to issue
the tax deed. The appeal must be filed not later than sixty (60) days
after the date of the court's order.

Legislative History

As added by P.L.39-1994, SEC.16. Amended by P.L.1-1996, SEC.43; P.L.6-1997, SEC.90; P.L.139-2001, SEC.15; P.L.90-2002, SEC.213; P.L.146-2008, SEC.259; P.L.2-2014, SEC.26; P.L.248-2015, SEC.3.