Sec. 31. (a) A person in Indiana shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to successfully meet disaster emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster emergency. Compensation for services or for the taking or use of property may be made only to the extent:
(1) that obligations recognized in this chapter are exceeded in a particular case; and
(2) that the claimant has not volunteered the claimant's services or property without compensation.
(b) Personal services may not be compensated by the state or any subdivision or agency of the state except under statute, local law, or ordinance.
(c) Compensation for property may be paid only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the governor or a member of the disaster emergency forces of Indiana.
(d) Any person claiming compensation for the use, damage, loss, or destruction of property under this chapter must make a claim for it. The claim must be filed and shall be adjudicated as provided in IC 32-24.
(e) This section does not apply to or authorize compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
[Pre-2003 Recodification Citation: 10-4-1-25.]
As added by P.L.2-2003, SEC.5.
Structure Indiana Code
Article 14. Emergency Management
Chapter 3. Emergency Management and Disaster Law
10-14-3-0.5. "Backfill Employee"
10-14-3-0.8. "Communications Service Provider"
10-14-3-2. "Emergency Management"
10-14-3-2.5. "Emergency Management Assistance Compact"
10-14-3-3. "Emergency Management Worker"
10-14-3-5.5. "Local Travel Advisory"
10-14-3-6. "Political Subdivision"
10-14-3-7. Declaration of Purposes
10-14-3-8. Limitations on Applications of Chapter
10-14-3-9. State Emergency Operations Plan; Local and Interjurisdictional Disaster Plans
10-14-3-10.8. Intrastate Mutual Aid Program
10-14-3-12. Disaster Emergency; Emergency Gubernatorial Powers
10-14-3-12.7. Right to Worship, Including in Person, Inviolable
10-14-3-14. Declaration of Energy Emergency; Procedures
10-14-3-15. Governmental Functions; Liability; Emergency Management Workers
10-14-3-16. Director of Local Organizations; Mutual Aid Arrangements
10-14-3-18. Employees of Political Subdivisions; Liability; Claims for Loss, Damage, or Expense
10-14-3-19. Mobile Support Units
10-14-3-19.5. Agreements With Local Task Forces Activated in Emergency
10-14-3-20. Evacuation Plans; Traffic Rules
10-14-3-21. Public Property; Leases and Contracts; Employment of Personnel
10-14-3-22. Orders, Rules, and Regulations; Amendment and Rescission
10-14-3-23. Compulsory Medical Treatment; Faith Healing
10-14-3-25. Gifts, Grants, and Loans; Places of Shelter; Liability for Death; Damages
10-14-3-26. Political Affiliation or Activity of Organizations and Personnel
10-14-3-27. Employees; Subversive Activities; Oaths
10-14-3-28. Appropriations; Emergency Management Contingency Fund
10-14-3-29. Local Disaster Emergency
10-14-3-29.5. Designation of a Local Travel Advisory
10-14-3-30. Additional Measures, Studies, Recommendations
10-14-3-31. Individual Management Obligations; Compensation for Property
10-14-3-32. Disaster Funds; Availability; Contributions to Political Subdivisions
10-14-3-33. Reimbursement of Civil Air Patrol for Missions Not Authorized by Air Force