§ 6-1.1-4-11.5 — Reassessment of parcels affected by flooding; petition; applicable dates; refund; publication of notice

Indiana § 6-1.1-4-11.5

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 4: Procedures for Real Property Assessment

Text

5. (a) This section applies to one (1) or more
parcels of real property in a county that:
(1) are permanently flooded or to which access over land is
permanently prevented by flooding; and
(2) are not being used for agricultural purposes.
(b) The owner of one (1) or more parcels referred to in subsection
(a) may petition the county assessor for a reassessment of the parcel or
parcels. Upon receipt of the petition, the county assessor shall:
(1) cause a survey to be made of the parcel or parcels; and
(2) if the parcel or parcels meet the description of subsection (a),
order a reassessment of the parcel or parcels.
(c) If the flooding referred to in subsection (a) occurs before May 11
of a calendar year (the "current year") and after the immediately
preceding November 10 and a petition under subsection (b) is filed not
later than December 31 of the current year:
(1) the reassessment ordered under subsection (b):
(A) takes effect for:
(i) the assessment date in the current year; and
(ii) the assessment date in the calendar year that immediately
precedes the current year; and
(B) treats the parcel or parcels for those assessment dates as:
(i) being permanently flooded; or
(ii) having overland access permanently prevented by
flooding;
(2) the property taxes first due and payable in the current year
with respect to the parcel or parcels are determined based on the
reassessment; and
(3) the property taxes first due and payable in the calendar year
that immediately succeeds the current year with respect to the
parcel or parcels are determined based on the reassessment.
(d) If the flooding referred to in subsection (a) occurs after May 10
of the current year and before November 11 of the current year and the
petition under subsection (b) is filed not later than December 31 of the
current year:
(1) subsection (c)(1) and (c)(3) apply; and
(2) only:
(A) the second installment of property taxes under IC 6-1.1-22-9(a) first due and payable in the current year with
respect to the parcel or parcels; or
(B) if property taxes are payable by a method other than two (2)
annual installments, one-half (1/2) of the property tax liability
for property taxes first due and payable in the current year with
respect to the parcel or parcels;
is determined based on the reassessment.
(e) This subsection applies only if:
(1) the county assessor orders a reassessment under subsection
(b); and
(2) the property owner pays property taxes in the current year with
respect to the parcel or parcels based on the assessment that
applied before the ordered reassessment.
The property owner is entitled to a refund of property taxes based on
the difference in the amount of property taxes paid and the amount of
property taxes determined based on the ordered reassessment. A
property owner is not required to apply for a refund due under this
section. The county auditor shall, without an appropriation being
required, issue a warrant to the property owner payable from the county
general fund for the amount of the refund, if any, due the property
owner.
(f) If:
(1) the county assessor orders a reassessment under subsection
(b); and
(2) when the reassessment is completed the property owner has
not paid property taxes in the current year with respect to the
parcel or parcels based on the assessment that applied before the
ordered reassessment;
the county treasurer shall issue to the property owner tax statements
that reflect property taxes determined based on the reassessment.
(g) The county assessor shall specify in an order under subsection
(b) the time within which the reassessment must be completed and the
date on which the reassessment takes effect.
(h) A reassessment under this section for an assessment date
continues to apply for subsequent assessment dates until the assessor:
(1) determines that circumstances have changed sufficiently to
warrant another reassessment of the property; and
(2) reassesses the property based on the determination under
subdivision (1).
(i) The county auditor and county treasurer shall publish notice of
the availability of a reassessment under this section in accordance with
IC 5-3-1.

Legislative History

As added by P.L.90-2009, SEC.1.