Introduced Version
HOUSE BILL No. 1212
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1; IC 29-1-7-23; IC 36-2-7-10; IC 36-7-38.
Synopsis: Land banks. Allows a county to adopt an ordinance
requiring a person who wishes to participate in a tax sale as a bidder to
pay a neighborhood investment fee of not more than $150 and specifies
the manner in which neighborhood investment fees collected are to be
distributed to land banks. Allows a county to adopt an ordinance to
impose, in addition to the 5% penalty for delinquent real property
taxes, an additional penalty of not more than 3% for a total penalty that
may not exceed 8% of the amount of delinquent real property taxes
(additional penalty ordinance). Specifies the manner in which the
amounts collected attributable to an additional penalty ordinance are
to be distributed to land banks. Allows a county to adopt an ordinance
imposing a $15 fee for each document recorded on a tract located in the
territory of a land bank and specifies the manner in which the fee shall
be distributed to land banks. Makes various changes to the statutes
governing land banks that concern certain land bank powers,
objectives, and duties. Provides that a majority of the directors of a land
bank's board must have demonstrated competency in an occupation or
discipline that is relevant to the primary purpose of a land bank. Allows
a land bank to establish advisory committees composed of specified
community members to consult with and advise the land bank on: (1)
properties within the territory of the land bank that are imposing the
greatest harm on residents and neighborhoods; (2) resident and
neighborhood priorities for new uses of land bank properties; and (3)
options for potential transferees of land bank properties. Provides,
subject to certain limitations, that a land bank may use an interlocal
agreement to establish processes to improve the quality of title and
(Continued next page)
Effective: July 1, 2024.
Rowray
January 9, 2024, read first time and referred to Committee on Local Government.
2024 IN 1212—LS 6932/DI 129 Digest Continued
marketability of property the land bank owns by extinguishing any liens
that exist on the property. Provides that, if a land bank enters into an
interlocal agreement, any employees of an eligible unit who may be
contracted to provide staffing services to the land bank pursuant to the
interlocal agreement retain their status as public employees of the
eligible unit. Requires a county executive to provide a land bank in the
county with a list of tracts located in the territory of the land bank that:
(1) are delinquent on property taxes; and (2) have been offered for
public sale at least two times and remain unsold; on an annual basis.
Specifies that list must be provided to the land bank within 60 days
after the end of the last tax sale for which the tracts went unsold.
Allows the county executive to transfer its interest in a tract on the list
to a land bank if requested by the land bank not later than 90 days after
it receives the list.
2024 IN 1212—LS 6932/DI 1292024 IN 1212—LS 6932/DI 129 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1212
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-1.1-24-5.7, AS AMENDED BY P.L.26-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 5.7. (a) The county treasurer shall require each
4 person who will be bidding at the tax sale to sign a statement in a form
5 substantially similar to the following:
6 "Indiana law prohibits a person who owes delinquent taxes,
7 special assessments, penalties, interest, or costs directly
8 attributable to a prior tax sale of a tract or item of real property
9 listed under IC 6-1.1-24-1 from bidding on or purchasing tracts or
10 items of real property at a tax sale. I hereby affirm under the
11 penalties for perjury that I do not owe delinquent taxes, special
12 assessments, penalties, interest, costs directly attributable to a
13 prior tax sale, amounts from a final adjudication in favor of a
14 political subdivision, any civil penalties imposed for the violation
15 of a building code or county ordinance, or any civil penalties
2024 IN 1212—LS 6932/DI 129 2
1 imposed by a county health department. I also affirm that I am not
2 purchasing tracts or items of real property on behalf of or as an
3 agent for a person who is prohibited from purchasing at a tax sale.
4 Further, I hereby acknowledge that any successful bid I make in
5 violation of this statement is subject to forfeiture. I further
6 acknowledge that I will not assign a certificate of sale for any tract
7 or item of real property purchased to a person who is prohibited
8 from bidding on or purchasing real property at a tax sale. In the
9 event of forfeiture, the amount by which my bid exceeds the
10 minimum bid on the tract or item or real property under
11 IC 6-1.1-24-5(e), if any, shall be applied to the delinquent taxes,
12 special assessments, penalties, interest, costs, judgments, or civil
13 penalties I owe, and a certificate will be issued to the county
14 executive. I further acknowledge that a person who knowingly or
15 intentionally provides false information on this affidavit commits
16 perjury, a Level 6 felony.".
17 (b) If a person purchases real property that the person was not
18 eligible to purchase under section 5.1, 5.3, or 5.4 of this chapter, the
19 sale of the real property is subject to forfeiture. If the county treasurer
20 determines or is notified not more than forty-five (45) days after the
21 date of the sale that the sale of the real property should be forfeited, the
22 county treasurer shall:
23 (1) not more than five (5) days after the county treasurer is
24 notified, notify the person in writing by first class mail that the
25 sale is subject to forfeiture if the person does not pay the amounts
26 the person owes within fifteen (15) days of the date the written
27 notice is mailed;
28 (2) if the person does not meet the conditions described in
29 subdivision (1) within fifteen (15) days after the written notice is
30 mailed, apply the surplus amount of the person's bid, if any, to the
31 delinquent taxes, special assessments, penalties, and interest on
32 the real property;
33 (3) remit the amounts owed from a final adjudication or civil
34 penalties in favor of a political subdivision to the political
35 subdivision;
36 (4) notify the county auditor that the sale has been forfeited; and
37 (5) file with the county recorder a certification identifying the
38 forfeited sale that includes:
39 (A) the date of the sale;
40 (B) the name of the buyer;
41 (C) the property identification number of the real property;
42 (D) the real property's legal description; and
2024 IN 1212—LS 6932/DI 129 3
1 (E) a statement that the sale has been forfeited and is null and
2 void because the buyer was not eligible to purchase the real
3 property.
4 Upon being notified that a sale has been forfeited, the county auditor
5 shall issue a certificate to the county executive under section 6 of this
6 chapter.
7 (c) A county treasurer may decline to forfeit a sale under this section
8 because of inadvertence or mistake, lack of actual knowledge by the
9 bidder, substantial harm to other parties with interests in the real
10 property, or other substantial reasons. If the treasurer declines to forfeit
11 a sale, the treasurer shall:
12 (1) prepare a written statement explaining the reasons for
13 declining to forfeit the sale;
14 (2) retain the written statement as an official record; and
15 (3) file with the county recorder a certification that includes:
16 (A) the date of the sale;
17 (B) the name of the buyer;
18 (C) the property identification number of the real property;
19 (D) the real property's legal description; and
20 (E) a statement that the sale has not been forfeited and is valid.
21 (d) If a sale is forfeited under this section and the tract or item of
22 real property is redeemed from the sale, the county auditor shall deposit
23 the amount of the redemption into the county general fund and notify
24 the county executive of the redemption. Upon being notified of the
25 redemption, the county executive shall surrender the certificate to the
26 county auditor.
27 (e) If a county treasurer does not take action under subsection (b)
28 within forty-five (45) days of the date the county treasurer determines
29 or is notified that a sale should be forfeited, the person is deemed to be
30 an eligible purchaser for that sale of that real property.
31 (f) If a tax deed is issued for real property under IC 6-1.1-25-4, this
32 section cannot be invoked to invalidate, rescind, or set aside the tax
33 deed.
34 (g) If a county has adopted an ordinance under section 16.5 of
35 this chapter authorizing the imposition of a neighborhood
36 investment fee to participate in a tax sale as a bidder, the
37 neighborhood investment fee is not refundable if a sale of real
38 property is forfeited under this section.
39 SECTION 2. IC 6-1.1-24-16.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 16.5. (a) This section applies to all
42 counties in which there is at least one (1) land bank established in
2024 IN 1212—LS 6932/DI 129 4
1 the county.
2 (b) As used in this section, "land bank" has the meaning set
3 forth in IC 36-7-38-1(3).
4 (c) A county fiscal body may adopt an ordinance requiring
5 every person who wishes to participate in a tax sale as a bidder to
6 pay a neighborhood investment fee of not more than one hundred
7 fifty dollars ($150).
8 (d) A county fiscal body that has adopted an ordinance under
9 subsection (c) that is in effect in the county may rescind the
10 ordinance adopted under subsection (c).
11 (e) An ordinance adopted under subsection (c) is effective on
12 January 1 of the year immediately following the year in which the
13 ordinance is adopted.
14 (f) If a county fiscal body adopts an ordinance to require the
15 payment of a neighborhood investment fee, the payment of the
16 neighborhood investment fee is in addition to any other fees or
17 charges a county may impose for registering to bid at a tax sale.
18 The neighborhood investment fee is not refundable if a sale of real
19 property is forfeited under section 5.7 of this chapter.
20 (g) The county treasurer shall distribute the proceeds collected
21 from the neighborhood investment fee semiannually to a land bank
22 located in the county. If there is more than one (1) land bank
23 established within a county, the county treasurer shall
24 semiannually distribute the proceeds collected from the
25 neighborhood investment fee to a land bank in an amount
26 proportional to the population of the territory of each land bank as
27 it bears to the total population in the county.
28 SECTION 3. IC 6-1.1-37-10, AS AMENDED BY P.L.95-2021,
29 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 10. (a) If property taxes due and payable are not
31 completely paid on or before the due date, a penalty shall be added to
32 the unpaid portion in the year of the initial delinquency. The penalty is
33 equal to an amount determined as follows:
34 (1) If:
35 (A) subject to subsection (g), the real property taxes due and
36 payable are completely paid on or before the date thirty (30)
37 days after the due date; and
38 (B) the taxpayer is not liable for:
39 (i) delinquent property taxes first due and payable in a
40 previous tax payment for the same parcel; or
41 (ii) a penalty that is owed from a previous tax payment for
42 the same parcel;
2024 IN 1212—LS 6932/DI 129 5
1 the amount of the penalty is equal to five percent (5%) of the
2 amount of delinquent taxes. However, for a county in which an
3 ordinance adopted under section 10.2 of this chapter is in
4 effect in the county, the amount of the penalty imposed under
5 this subdivision is equal to five percent (5%) plus the
6 additional amount set forth in the ordinance adopted under
7 section 10.2 of this chapter.
8 (2) If:
9 (A) subject to subsection (g), personal property taxes due and
10 payable are not completely paid on or before the date thirty
11 (30) days after the due date; and
12 (B) the taxpayer is not liable for:
13 (i) delinquent property taxes first due and payable in a
14 previous tax payment for a personal property tax return for
15 property in the same taxing district; or
16 (ii) a penalty that is owed from a previous tax payment;
17 the amount of the penalty is equal to five percent (5%) of the
18 amount of delinquent taxes.
19 (3) If subdivision (1) or (2) does not apply, the amount of the
20 penalty is equal to ten percent (10%) of the amount due and
21 payable as of the tax date.
22 A payment received under this subsection shall be applied first to the
23 delinquent tax amount and then to any associated penalties. For a
24 county in which an ordinance adopted under section 10.2 of this
25 chapter is in effect in the county, the additional penalty amount
26 collected under subdivision (1) shall be distributed as provided in
27 section 10.2(f) of this chapter.
28 (b) With respect to property taxes due in two (2) equal installments
29 under IC 6-1.1-22-9(a), on the day immediately following the due dates
30 of the first and second installments in each year following the year of
31 the initial delinquency, an additional penalty equal to ten percent (10%)
32 of any taxes remaining unpaid shall be added. With respect to property
33 taxes due in installments under IC 6-1.1-22-9.5, an additional penalty
34 equal to ten percent (10%) of any taxes remaining unpaid shall be
35 added on the day immediately following each date that succeeds the
36 last installment due date by:
37 (1) six (6) months; or
38 (2) a multiple of six (6) months.
39 (c) The penalties under subsection (b) are imposed only on the
40 principal amount of the delinquent taxes.
41 (d) If the department of local government finance determines that
42 an emergency has occurred which precludes the mailing of the tax
2024 IN 1212—LS 6932/DI 129 6
1 statement in any county at the time set forth in IC 6-1.1-22-8.1, the
2 department shall establish by order a new date on which the installment
3 of taxes in that county is due and no installment is delinquent if paid by
4 the date so established.
5 (e) If any due date falls on a Saturday, a Sunday, a national legal
6 holiday recognized by the federal government, or a statewide holiday,
7 the act that must be performed by that date is timely if performed by
8 the next succeeding day that is not a Saturday, a Sunday, or one (1) of
9 those holidays.
10 (f) Subject to subsections (h) and (i), a payment to the county
11 treasurer is considered to have been paid by the due date if the payment
12 is:
13 (1) received on or before the due date by the county treasurer or
14 a collecting agent appointed by the county treasurer;
15 (2) deposited in United States first class mail:
16 (A) properly addressed to the principal office of the county
17 treasurer;
18 (B) with sufficient postage; and
19 (C) postmarked by the United States Postal Service as mailed
20 on or before the due date;
21 (3) deposited with a nationally recognized express parcel carrier
22 and is:
23 (A) properly addressed to the principal office of the county
24 treasurer; and
25 (B) verified by the express parcel carrier as:
26 (i) paid in full for final delivery; and
27 (ii) received by the express parcel carrier on or before the
28 due date;
29 (4) deposited to be mailed through United States registered mail,
30 United States certified mail, or United States certificate of
31 mailing:
32 (A) properly addressed to the principal office of the county
33 treasurer;
34 (B) with sufficient postage; and
35 (C) with a date of registration, certification, or certificate, as
36 evidenced by any record authenticated by the United States
37 Postal Service, on or before the due date;
38 (5) deposited in United States first class mail:
39 (A) properly addressed to the principal office of the county
40 treasurer;
41 (B) with sufficient metered postage from a meter postage
42 provider approved by the United States Postal Service; and
2024 IN 1212—LS 6932/DI 129 7
1 (C) with a postage meter stamp affixed to the envelope that
2 must bear the actual date the postage meter stamp was affixed
3 to the envelope, which must be on or before the due date;
4 and the payment is received by the county treasurer not later than
5 five (5) business days after the due date; or
6 (6) made by an electronic funds transfer and the taxpayer's bank
7 account is charged on or before the due date.
8 (g) As used in this subsection, "initial penalty period" means the
9 period after the due date and not later than thirty (30) days after the due
10 date. A person who makes a payment within the initial penalty period
11 is subject to a penalty equal to five percent (5%) of the amount of the
12 delinquent taxes as provided in subsection (a)(1) or (a)(2). However,
13 for a county in which an ordinance adopted under section 10.2 of
14 this chapter is in effect in the county, the amount of the penalty
15 imposed under subsection (a)(1) is equal to five percent (5%) plus
16 the additional amount set forth in the ordinance adopted under
17 section 10.2 of this chapter. A payment to the county treasurer is
18 considered to have been paid within the initial penalty period and
19 subject to the five percent (5%) penalty or, in the case of subsection
20 (a)(1), five percent (5%) plus the additional amount set forth in the
21 ordinance adopted under section 10.2 of this chapter if the payment
22 is:
23 (1) received within the penalty period by the county treasurer or
24 a collecting agent appointed by the county treasurer;
25 (2) deposited in United States first class mail:
26 (A) properly addressed to the principal office of the county
27 treasurer;
28 (B) with sufficient postage; and
29 (C) postmarked by the United States Postal Service as mailed
30 on or before the thirtieth day after the due date;
31 (3) deposited with a nationally recognized express parcel carrier
32 and is:
33 (A) properly addressed to the principal office of the county
34 treasurer; and
35 (B) verified by the express parcel carrier as:
36 (i) paid in full for final delivery; and
37 (ii) received by the express parcel carrier on or before the
38 thirtieth day after the due date;
39 (4) deposited to be mailed through United States registered mail,
40 United States certified mail, or United States certificate of
41 mailing:
42 (A) properly addressed to the principal office of the county
2024 IN 1212—LS 6932/DI 129 8
1 treasurer;
2 (B) with sufficient postage; and
3 (C) with a date of registration, certification, or certificate, as
4 evidenced by any record authenticated by the United States
5 Postal Service, on or before the thirtieth day after the due date;
6 or
7 (5) deposited in United States first class mail:
8 (A) properly addressed to the principal office of the county
9 treasurer;
10 (B) with sufficient metered postage from a meter postage
11 provider approved by the United States Postal Service; and
12 (C) with a postage meter stamp affixed to the envelope that
13 must bear the actual date the postage meter stamp was affixed
to the envelope, which must be on or before 14 the thirtieth day
15 after the due date;
16 and the payment is received by the county treasurer not later than
five (5) business days 17 after the thirtieth day after the due date.
18 (h) As used in this subsection, "initial penalty period" has the
19 meaning set forth in subsection (g). If a payment is mailed through the
20 United States mail and is physically received after the due date or after
21 the initial penalty period without a legible correct postmark, the person
22 who mailed the payment is considered to have made the payment:
23 (1) on or before the due date if the person can show by reasonable
24 evidence that the payment was deposited in the United States mail
25 on or before the due date; or
26 (2) within the initial penalty period, if the person can show by
27 reasonable evidence that the payment was deposited in the United
28 States mail on or before the thirtieth day after the due date.
29 (i) As used in this subsection, "initial penalty period" has the
30 meaning set forth in subsection (g). This section applies if a payment
31 is sent via the United States mail or a nationally recognized express
32 parcel carrier but is not received by the designated recipient, the person
33 who sent the payment is considered to have made the payment:
34 (1) on or before the due date if the person:
35 (A) can show by reasonable evidence that the payment was
36 deposited in the United States mail, or with the express parcel
37 carrier, on or before the due date; and
38 (B) makes a duplicate payment within thirty (30) days after the
39 date the person is notified that the payment was not received;
40 or
41 (2) within the initial penalty period, if the person:
42 (A) can show by reasonable evidence that the payment was
2024 IN 1212—LS 6932/DI 129 9
1 deposited in the United States mail, or with the express parcel
2 carrier, on or before the thirtieth day after the due date; and
3 (B) makes a duplicate payment within thirty (30) days after the
4 date the person is notified that the payment was not received.
5 SECTION 4. IC 6-1.1-37-10.2 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 10.2. (a) This section applies to all
8 counties in which there is at least one (1) land bank established in
9 the county.
10 (b) As used in this section, "land bank" has the meaning set
11 forth in IC 36-7-38-1(3).
12 (c) A county fiscal body may adopt an ordinance to impose, in
13 addition to the five percent (5%) penalty set forth in section
14 10(a)(1) of this chapter for delinquent real property taxes, an
15 additional penalty of not more than three percent (3%) for a total
16 penalty that may not exceed eight percent (8%) of the amount of
17 delinquent taxes.
18 (d) A county fiscal body that has adopted an ordinance under
19 subsection (c) that is in effect in the county may rescind the
20 ordinance adopted under subsection (c).
21 (e) An ordinance adopted under subsection (c) is effective on
22 January 1 of the year immediately following the year in which the
23 ordinance is adopted.
24 (f) Notwithstanding section 12 of this chapter, IC 6-1.1-22-9(f),
25 or any other law, if an ordinance adopted under subsection (c) is in
26 effect in a county, the county treasurer shall do the following:
27 (1) For a county in which there is only one (1) land bank,
28 quarterly distribute the additional penalty authorized under
29 this section to the land bank.
30 (2) For a county in which there is more than one (1) land
31 bank, quarterly distribute the additional penalty authorized
32 under this section to each land bank in an amount
33 proportional to the population of the territory of each land
34 bank as it bears to the total population in the county.
35 SECTION 5. IC 29-1-7-23, AS AMENDED BY P.L.26-2022,
36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 23. (a) When a person dies, the person's real and
38 personal property passes to persons to whom it is devised by the
39 person's last will or, in the absence of such disposition, to the persons
40 who succeed to the person's estate as the person's heirs; but it shall be
41 subject to the possession of the personal representative and to the
42 election of the surviving spouse and shall be chargeable with the
2024 IN 1212—LS 6932/DI 129 10
1 expenses of administering the estate, the payment of other claims and
2 the allowances under IC 29-1-4-1, except as otherwise provided in
3 IC 29-1.
4 (b) A person may sign and record an affidavit to establish prima
5 facie evidence of the passage of real estate title to distributees under
6 this section. An affidavit under this section may contain the following
7 information:
8 (1) The decedent's name and date of death.
9 (2) A statement of the affiant's relationship to the decedent.
10 (3) A description of how the following deeds or other instruments
11 vested in the decedent an ownership or leasehold interest in real
12 property, with a cross-reference if applicable, under
13 IC 36-2-7-10(l) IC 36-2-7-10(m) to each deed or other
14 instrument:
15 (A) Deeds or other instruments recorded in the office of the
16 recorder where the real property is located.
17 (B) Deeds or other instruments that disclose a title transaction
18 (as defined in IC 32-20-2-7).
19 (4) The legal description of the conveyed real property as it
20 appears in instruments described in subdivision (3).
21 (5) The names of all distributees known to the affiant.
22 (6) An explanation of how each interest in the real property
23 passed upon the decedent's death to each distributee by:
24 (A) intestate succession under IC 29-1-2-1; or
25 (B) the decedent's last will and testament that has been
26 admitted to probate under section 13 of this chapter, with
27 references to:
28 (i) the name and location of the court that issued the order
29 admitting the will to probate; and
30 (ii) the date when the court admitted the decedent's will to
31 probate.
32 (7) An explanation of how any fractional interests in the real
33 property that may have passed to multiple distributees were
34 calculated and apportioned.
35 (c) Upon presentation of an affidavit described in subsection (b), the
36 auditor of the county where the real property described in the affidavit
37 is located must endorse the affidavit as an instrument that is exempt
38 from the requirements to file a sales disclosure form and must enter the
39 names of the distributees shown on the affidavit on the tax duplicate on
40 which the real property is transferred, assessed, and taxed under
41 IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to
42 endorse an affidavit because the affidavit is an electronic document.
2024 IN 1212—LS 6932/DI 129 11
1 (d) Upon presentation of an affidavit described in subsection (b), the
2 recorder of the county where the real property described in the affidavit
3 is located must:
4 (1) record the affidavit; and
5 (2) index the affidavit as the most recent instrument responsible
6 for the transfer of the real property described in subsection (b)(4).
7 (e) Any person may rely upon an affidavit recorded with the county
8 recorder:
9 (1) made in good faith; and
10 (2) under this section;
11 as prima facie evidence of an effective transfer of the decedent's title
12 to the real property interest under subsection (a) to the distributee
13 described in the affidavit.
14 (f) If:
15 (1) at least seven (7) months have elapsed since the decedent's
16 death;
17 (2) the clerk of the court described in subsection (b)(6)(B) has not
18 issued letters testamentary or letters of administration to the court
19 appointed personal representative for the decedent within the time
20 limits specified under section 15.1(d) of this chapter; and
21 (3) the court described in subsection (b)(6)(B) has not issued
22 findings and an accompanying order preventing the limitations in
23 section 15.1(b) of this chapter from applying to the decedent's real
24 property;
25 any person may rely upon the affidavit described in subsection (e) as
26 evidence that the real property may not be sold by an executor or
27 administrator of the decedent's estate to pay a debt or obligation of the
28 decedent, which is not a lien of record in the county in which the real
29 property is located, or to pay any costs of administration of the
30 decedent's estate.
31 SECTION 6. IC 36-2-7-10, AS AMENDED BY P.L.96-2023,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 10. (a) The following definitions apply to this
34 section:
35 (1) "Copy" means:
36 (A) transcribing or duplicating a document by handwriting,
37 photocopy, xerography, or duplicating machine;
38 (B) duplicating electronically stored data onto a disk, tape,
39 drum, or any other means of electronic data storage; or
40 (C) reproducing a document by any other means.
41 (2) "Mortgage" means a transfer of rights to real property, in a
42 form substantially similar to that set forth in IC 32-29-1-5, with or
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1 without warranty from the grantor. The term does not include:
2 (A) a mortgage modification;
3 (B) a mortgage assignment; or
4 (C) a mortgage release.
5 (3) "Multiple transaction document" means a document
6 containing two (2) or more transactions of the same type.
7 (4) "Record" or "recording" means the act of placing a document
8 into the official records of the county recorder and includes the
9 functions of filing and filing for record.
10 (b) The county recorder shall charge and collect the fees prescribed
11 by this section for recording, filing, copying, and other services the
12 recorder renders, and shall pay them into the county treasury at the end
13 of each calendar month. The fees prescribed and collected under this
14 section supersede all other recording fees required by law to be charged
15 for services rendered by the county recorder.
16 (c) The county recorder shall charge the following:
17 (1) Twenty-five dollars ($25) for recording any deed or other
18 instrument, other than a mortgage.
19 (2) Fifty-five dollars ($55) for recording any mortgage.
20 (3) For pages larger than eight and one-half (8 1/2) inches by
21 fourteen (14) inches twenty-five dollars ($25) for the first page
22 and five dollars ($5) for each additional page of any document the
23 recorder records, if the pages are larger than eight and one-half (8
24 1/2) inches by fourteen (14) inches.
25 (4) If the county recorder has elected to attest to the release,
26 partial release, or assignment of any mortgage, judgment, lien, or
27 oil and gas lease contained on a multiple transaction document,
28 the fee for each transaction after the first is seven dollars ($7) plus
29 the amount provided in subdivision (1).
30 (5) For furnishing copies of records, the fee for each copy is:
31 (A) one dollar ($1) per page that is not larger than eleven (11)
32 inches by seventeen (17) inches; and
33 (B) five dollars ($5) per page that is larger than eleven (11)
34 inches by seventeen (17) inches.
35 (6) Five dollars ($5) for acknowledging or certifying to a
36 document.
37 (7) A fee in an amount authorized by an ordinance adopted by the
38 county legislative body for duplicating a computer tape, a
39 computer disk, an optical disk, microfilm, or similar media. This
40 fee may not cover making a handwritten copy or a photocopy or
41 using xerography or a duplicating machine.
42 (8) Twenty-five dollars ($25) per parcel for recording the release
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1 of a lien or liens of a political subdivision for a property sold or
2 transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the
3 number of liens held by the political subdivision. This fee applies
4 to each political subdivision with a lien or liens on a parcel. In
5 addition to the fee under this subdivision, if a county fiscal body
6 adopts a fee under section 10.7 of this chapter, the county
7 recorder may charge the fee under section 10.7 of this chapter for
8 each document recorded by a political subdivision under this
9 subdivision.
10 (9) This subdivision applies in a county only if at least one (1)
11 unit in the county has established an affordable housing fund
12 under IC 5-20-5-15.5 and the county fiscal body adopts an
13 ordinance authorizing the fee described in this subdivision. An
14 ordinance adopted under this subdivision may authorize the
15 county recorder to charge a fee of ten dollars ($10) for each
16 document the recorder records.
17 (10) This subdivision applies in a county containing a
18 consolidated city that has established a housing trust fund under
19 IC 36-7-15.1-35.5(e). This subdivision does not apply if the
20 county fiscal body adopts a fee under section 10.7 of this chapter.
21 The county fiscal body may adopt an ordinance authorizing the
22 fee described in this subdivision. An ordinance adopted under this
23 subdivision may authorize the county recorder to charge a fee of:
24 (A) two dollars and fifty cents ($2.50) for the first page; and
25 (B) one dollar ($1) for each additional page;
26 of each document the recorder records.
27 (11) This subdivision applies in a county where an eligible unit
28 (as defined in IC 36-7-38-1(2)) has established a land bank
29 under IC 36-7-38-2. The county fiscal body may adopt an
30 ordinance authorizing the fee described in this subdivision. An
31 ordinance adopted under this subdivision may authorize the
32 county recorder to charge a fee of fifteen dollars ($15) for
33 each document recorded on a tract located in the territory of
34 a land bank.
35 (d) This subsection does not apply in a county containing a
36 consolidated city. Section 10.5 of this chapter applies to the deposit of
37 fees collected under subsection (c)(1) and (c)(8) in a county containing
38 a consolidated city. The county recorder shall deposit the fees collected
39 under subsection (c)(1) and (c)(8) as follows:
40 (1) Eight dollars ($8) in the county general fund.
41 (2) Five dollars ($5) in the county surveyor's corner perpetuation
42 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
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1 (3) Ten dollars ($10) in the county recorder's records perpetuation
2 fund established under subsection (f).
3 (4) One dollar ($1) in the county identification security protection
4 fund established under IC 36-2-7.5-11.
5 (5) One dollar ($1) in the county elected officials training fund
6 under IC 36-2-7-19.
7 (e) This subsection does not apply in a county containing a
8 consolidated city. Section 10.5 of this chapter applies to the deposit of
9 fees collected under subsection (c)(2) in a county containing a
10 consolidated city. The county recorder shall deposit the fees collected
11 under subsection (c)(2) as follows:
12 (1) Thirty-four dollars ($34) in the county general fund.
13 (2) Five dollars ($5) in the county surveyor's corner perpetuation
14 fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).
15 (3) Eleven dollars and fifty cents ($11.50) in the county recorder's
16 records perpetuation fund established under subsection (f).
17 (4) Two dollars and fifty cents ($2.50) with the county treasurer
18 to be distributed in accordance with IC 24-9-9-3 and IC 24-9-9-4.
19 (5) One dollar ($1) in the county identification security protection
20 fund established under IC 36-2-7.5-11.
21 (6) One dollar ($1) in the county elected officials training fund
22 under IC 36-2-7-19.
23 (f) The county treasurer shall establish a county recorder's records
24 perpetuation fund. The fund consists of all fees collected under this
25 section for deposit in the fund and amounts transferred to the fund from
26 the county identification security protection fund under IC 36-2-7.5-11,
27 and the county elected officials training fund under section 19(e)(4) of
28 this chapter (before its expiration). Except as provided in section 10.2
29 of this chapter, the county recorder may use any money in this fund
30 without appropriation for:
31 (1) the preservation of records; and
32 (2) the improvement of record keeping systems and equipment;
33 within the control of the county recorder. Money from the fund may not
34 be deposited or transferred into the county general fund and does not
35 revert to the county general fund at the end of a fiscal year.
36 (g) The county recorder shall post the fees set forth in subsection (c)
37 in a prominent place within the county recorder's office where the fee
38 schedule will be readily accessible to the public.
39 (h) The county recorder may not charge or collect any fee for:
40 (1) recording an official bond of a public officer, a deputy, an
41 appointee, or an employee; or
42 (2) performing any service under any of the following:
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1 (A) IC 6-1.1-22-2(c).
2 (B) IC 8-23-7.
3 (C) IC 8-23-23.
4 (D) IC 10-17-2-3.
5 (E) IC 10-17-3-2.
6 (F) IC 12-14-13.
7 (G) IC 12-14-16.
8 (i) The state and its agencies and instrumentalities are required to
9 pay the recording fees and charges that this section prescribes.
10 (j) This subsection applies to a county other than a county
11 containing a consolidated city. The county treasurer shall distribute
12 money collected by the county recorder under subsection (c)(9) as
13 follows:
14 (1) Sixty percent (60%) of the money collected by the county
15 recorder under subsection (c)(9) shall be distributed to the units
16 in the county that have established an affordable housing fund
17 under IC 5-20-5-15.5 for deposit in the fund. The amount to be
18 distributed to a unit is the amount available for distribution
19 multiplied by a fraction. The numerator of the fraction is the
20 population of the unit. The denominator of the fraction is the
21 population of all units in the county that have established an
22 affordable housing fund. The population to be used for a county
23 that establishes an affordable housing fund is the population of
24 the county outside any city or town that has established an
25 affordable housing fund.
26 (2) Forty percent (40%) of the money collected by the county
27 recorder under subsection (c)(9) shall be distributed to the
28 treasurer of state for deposit in the affordable housing and
29 community development fund established under IC 5-20-4-7 for
30 the purposes of the fund.
31 Money shall be distributed under this subsection before the sixteenth
32 day of the month following the month in which the money is collected
33 from the county recorder.
34 (k) This subsection applies to a county described in subsection
35 (c)(10). The county treasurer shall distribute money collected by the
36 county recorder under subsection (c)(10) as follows:
37 (1) Sixty percent (60%) of the money collected by the county
38 recorder under subsection (c)(10) shall be deposited in the
39 housing trust fund established under IC 36-7-15.1-35.5(e) for the
40 purposes of the fund.
41 (2) Forty percent (40%) of the money collected by the county
42 recorder under subsection (c)(10) shall be distributed to the
2024 IN 1212—LS 6932/DI 129 16
1 treasurer of state for deposit in the affordable housing and
2 community development fund established under IC 5-20-4-7 for
3 the purposes of the fund.
4 Money shall be distributed under this subsection before the sixteenth
5 day of the month following the month in which the money is collected
6 from the county recorder.
7 (l) This subsection applies to a county described in subsection
8 (c)(11). The county treasurer shall distribute money collected by
9 the county recorder under subsection (c)(11) to a land bank located
10 in the county before the sixteenth day of the month following the
11 month in which the money is collected from the county recorder.
12 If there is more than one (1) land bank established within a county,
13 the county treasurer shall distribute the proceeds collected from
14 the county recorder to a land bank in an amount proportional to
15 the population of the territory of each land bank as it bears to the
16 total population in the county.
17 (l) (m) The county recorder may also include a cross-reference or
18 multiple cross-references identified in a document for recording under
19 this section. For cross-references not otherwise required by statute or
20 county ordinance, the person submitting the document for recording
21 shall clearly identify on the front page of the instrument the specific
22 cross-reference or cross-references to be included with the recorded
23 documents.
24 SECTION 7. IC 36-7-38-1, AS AMENDED BY P.L.26-2020,
25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
27 chapter:
28 (1) "Distressed real property" includes real property in a neglected
29 or unmarketable condition.
30 (2) "Eligible unit" means:
31 (A) a county;
32 (B) a consolidated city;
33 (C) a second class city; or
34 (D) a third class city;
35 to which IC 36-7-9 applies.
36 (3) "Land bank" means an entity established under section 2 of
37 this chapter.
38 (4) "Person" means an individual, a corporation, a limited liability
39 company, a partnership, or other legal entity.
40 (5) "Vacant real property" has the meaning set forth in
41 IC 36-7-36-5.
42 SECTION 8. IC 36-7-38-2, AS AMENDED BY P.L.26-2020,
2024 IN 1212—LS 6932/DI 129 17
1 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 2. (a) The legislative body of an eligible unit may
3 adopt an ordinance:
4 (1) establishing a body corporate and politic; or
5 (2) directing the executive of the eligible unit to organize a
6 nonprofit corporation under IC 23-17;
7 as an independent instrumentality exercising essential governmental
8 functions.
9 (b) The legislative bodies of two (2) or more eligible units within a
10 single county or within two (2) or more contiguous counties may enter
11 into an interlocal agreement under IC 36-1-7:
12 (1) establishing a body corporate and politic; or
13 (2) directing the executive of one (1) of the eligible units entering
14 into the interlocal agreement to organize a nonprofit corporation
15 under IC 23-17;
16 as an independent instrumentality exercising essential governmental
17 functions.
18 (c) The primary purpose of a land bank established under subsection
19 (a) or (b) is to manage and improve the marketability of vacant real
20 property and distressed real property located in the territory of the
21 land bank.
22 (d) An ordinance or interlocal agreement establishing a land bank
23 must specify the following information:
24 (1) The name of the land bank.
25 (2) The number of board members and requirements for
26 appointment to the board, subject to section 4 of this chapter.
27 (e) The territory of a land bank established under subsection (a) is:
28 (1) in the case of an eligible unit that is a municipality, the
29 territory of the municipality; or
30 (2) in the case of an eligible unit that is a county, all the territory
31 of the county, except for the territory of any municipality in the
32 county that has established another land bank.
33 (f) The territory of a land bank established under subsection (b) is
34 the territory of all the eligible units that have established the land bank,
35 except for the territory of any municipality that has established another
36 land bank under subsection (a) or (b).
37 SECTION 9. IC 36-7-38-4, AS ADDED BY P.L.211-2016,
38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 4. (a) A land bank is governed by a board of at
40 least seven (7) and at most nine (9) directors.
41 (b) A director At least a majority of the directors of a land bank
42 appointed under this section chapter must have demonstrated
2024 IN 1212—LS 6932/DI 129 18
1 competency in an occupation or discipline that is relevant to the
2 primary purpose of a land bank.
3 (c) Except as provided in this chapter, the term of a director of a
4 land bank is for three (3) consecutive calendar years.
5 (d) If a director of a land bank is unable to complete the director's
6 term, the authority that appointed the director shall appoint a successor
7 to serve for the remainder of the incomplete term.
8 SECTION 10. IC 36-7-38-4.5, AS ADDED BY P.L.26-2020,
9 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 4.5. (a) This section applies to the board of a land
11 bank established under section 2(b) of this chapter.
12 (b) The interlocal agreement providing for the establishment of the
13 land bank must specify:
14 (1) subject to section 4(a) of this chapter, the number of directors
15 of the board of the land bank;
16 (2) any directors that are to serve as ex officio directors of the
17 board; and
18 (3) for each director of the board that is to be appointed, the
19 appointing authority.
20 (c) The interlocal agreement must also specify that the
21 requirement established by section 4(b) of this chapter applies to
22 the appointment of a director to the board of a land bank created
23 under this section.
24 SECTION 11. IC 36-7-38-7.7 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2024]: Sec. 7.7. (a) A land bank may establish
27 one (1) or more advisory committees to consult with and advise the
28 land bank on:
29 (1) properties within the territory of the land bank that are
30 imposing the greatest harm on residents and neighborhoods;
31 (2) resident and neighborhood priorities for new uses of land
32 bank properties; and
33 (3) options for potential transferees of land bank properties.
34 (b) As appropriate to the location of the real property of the
35 land bank and if a land bank elects to establish an advisory
36 committee under this section, the membership of the advisory
37 community shall include but is not limited to individuals from
38 formal and informal neighborhood specific community
39 associations, residents' associations, faith communities, community
40 development corporations, and anchor institutions.
41 SECTION 12. IC 36-7-38-8, AS ADDED BY P.L.211-2016,
42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 1212—LS 6932/DI 129 19
1 JULY 1, 2024]: Sec. 8. Except as otherwise provided in this chapter,
2 a land bank is granted all powers necessary, convenient, or appropriate
3 to carry out and effectuate the land bank's public and corporate
4 purposes, which include the power to do the following:
5 (1) Sue or be sued in the land bank's own name.
6 (2) Enter into contracts.
7 (3) Establish accounts with financial institutions.
8 (4) Acquire by:
9 (A) purchase;
10 (B) exchange;
11 (C) gift;
12 (D) donation;
13 (E) grant;
14 (F) lease; or
15 (G) any combination of the methods listed in clauses (A)
16 through (F);
17 any real or personal property or interest in property needed
18 to carry out the mission of the land bank.
19 (4) (5) Acquire, lease, improve, repair, renovate, and dispose of
20 property.
21 (5) (6) Borrow money, including the ability to issue bonds.
22 (6) (7) Pledge collateral.
23 (7) (8) Make investments.
24 (8) (9) Hire employees and other appropriate staff, including an
25 executive director. In accordance with section 18 of this
26 chapter, a land bank may determine the qualifications and fix
27 the compensation and benefits provided for employees, other
28 staff, and the executive director.
29 (9) (10) Procure insurance.
30 SECTION 13. IC 36-7-38-9, AS ADDED BY P.L.211-2016,
31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 9. (a) A land bank shall endeavor to acquire a
33 diverse portfolio of properties to enable the land bank to dispose of
34 diverse properties in diverse real estate markets in the county or
35 municipal territory that the land bank serves and, thereby, generate
36 revenue for the land bank in a sustainable manner. put the properties
37 back to productive use, improve property conditions, contribute to
38 local and regional neighborhood stabilization efforts, expand
39 opportunities for development, and have a positive impact on the
40 local tax base. A land bank shall acquire property for the purpose of
41 supporting the mission of the land bank.
42 (b) A land bank's priorities concerning the disposition of properties
2024 IN 1212—LS 6932/DI 129 20
1 from the land bank must support the mission of the land bank, which
2 includes the sale or transfer of properties:
3 (1) for redevelopment that will act as a catalyst for further
4 development;
5 (2) that support a comprehensive development plan or strategic
6 plan for neighborhood revitalization;
7 (3) that reduce blight the number of blighted properties in the
8 community;
9 (4) that revitalize or stabilize neighborhoods;
10 (5) that will be returned to productive, tax paying status;
11 (6) that will be returned to productive uses, including
12 development of side lots, green spaces, and gardens;
13 (7) that are available for immediate ownership or occupancy
14 without a need for substantial rehabilitation;
15 (8) that will be used for affordable housing; or
16 (9) that will generate operating support for the functions of a land
17 bank.
18 SECTION 14. IC 36-7-38-10, AS ADDED BY P.L.211-2016,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 10. (a) A land bank shall do the following:
21 (1) Maintain an inventory of real property held by the land bank.
22 (2) Develop policies, guidelines, and procedures for the
23 acquisition, redevelopment, and disposition of property by and
24 from the land bank. The policies, guidelines, and procedures
25 developed under this subdivision must be formulated in plain
26 language with the objective of being clearly understood.
27 (3) Make the information described in subdivisions (1) and (2)
28 available for inspection:
29 (A) at the offices of the land bank during regular business
30 hours; and
31 (B) on the land bank's Internet web site. website.
32 (4) Coordinate the land bank's activities with any land use plans
33 that affect real property held by the land bank.
34 (b) If real property held by a county land bank is located in the
35 territory of a municipality of the county, the county land bank shall
36 offer to convey the real property to the municipality before the county
37 land bank offers, or accepts an offer, to convey the real property to any
38 other individual or entity. An offer to convey real property made by a
39 county land bank to a municipality under this section subsection
40 expires sixty (60) days after the county land bank makes the offer,
41 unless the county land bank and the municipality agree to another
42 period.
2024 IN 1212—LS 6932/DI 129 21
1 (c) This subsection applies to a land bank created pursuant to an
2 interlocal agreement under section 2(b) of this chapter that is
3 composed of two (2) or more contiguous counties. If real property
4 held by a land bank composed of two (2) or more contiguous
5 counties is located in the territory of a municipality of a county
6 that is a party to the interlocal agreement, the land bank shall offer
7 to convey the real property to the municipality before the land
8 bank offers, or accepts an offer, to convey the real property to any
9 other individual or entity. An offer to convey real property made
10 by a land bank composed of two (2) or more counties to a
11 municipality under this subsection expires sixty (60) days after the
12 land bank makes the offer, unless the land bank and the
13 municipality agree to another period.
14 SECTION 15. IC 36-7-38-11, AS ADDED BY P.L.211-2016,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 11. (a) A land bank may:
17 (1) enter into an interlocal agreement under IC 36-1-7 with
18 another governmental entity, including, subject to subsection
19 (b), the establishment of processes to improve the quality of
20 title and marketability of property the land bank owns by
21 extinguishing any liens that exist on the property; or
22 (2) otherwise contract with another governmental entity in Indiana
23 to perform services for the governmental entity.
24 (b) The following are exempt from the scope of an interlocal
25 agreement described in subsection (a)(1) to extinguish liens that
26 exist on a property the land bank owns:
27 (1) A lien granted priority under federal law.
28 (2) A lien of the state.
29 (3) Any valid easements, covenants, declarations, or deed
30 restrictions that encumber the property as shown in the
31 public record.
32 SECTION 16. IC 36-7-38-18, AS ADDED BY P.L.211-2016,
33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 18. (a) Employees of a land bank are not
35 employees of the eligible unit that established the land bank.
36 (b) If a land bank enters into an interlocal agreement under
37 IC 36-1-7 as provided in section 11 of this chapter, any employees
38 of an eligible unit who may be contracted to provide staffing
39 services to the land bank pursuant to the interlocal agreement
40 retain their status as public employees of the eligible unit. Nothing
41 in this subsection shall be construed to alter or otherwise affect the
42 public employee's status as an employee of the eligible unit.
2024 IN 1212—LS 6932/DI 129 22
1 (b) (c) The board of a land bank may elect by resolution to provide
2 programs of group health insurance for the land bank's employees and
3 retired employees as provided under IC 5-10-8-2.6.
4 (c) (d) The board of a land bank may elect by resolution to provide
5 retirement and disability benefits for employees, which may be by
6 means of participation in the public employees' retirement fund as
7 provided under IC 5-10.3-6.
8 SECTION 17. IC 36-7-38-24 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 24. The county executive (as
11 defined in IC 6-1.1-23.9-1) must provide a land bank in the county
12 with a list of tracts in the territory of the land bank that:
13 (1) are delinquent on property taxes (as described in
14 IC 6-1.1-37-10); and
15 (2) have been offered for sale by the county at two (2) or more
16 public sales held under IC 6-1.1-24 and remain unsold;
17 on an annual basis. The list must be provided to the land bank
18 within sixty (60) days after the end of the last tax sale held under
19 IC 6-1.1-24 for which the tracts went unsold. If a land bank
20 requests a tract on the list not later than ninety (90) days from the
21 date it receives the list, the county executive may assign the tax sale
22 certificate for the tract or convey the tract, as applicable, to the
23 land bank at no cost to the land bank.
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