Sec. 16. (a) If a person who encloses previously unenclosed property refuses to pay the owner of an existing fence under section 15 of this chapter, the owner may file a civil action for recovery of the amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed property offers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trial and the costs accrued up to the date of the offer. The owner of the existing fence shall pay the costs of the action and receive only the damages assessed.
[Pre-2002 Recodification Citation: 32-10-2-16.]
As added by P.L.2-2002, SEC.11.
Structure Indiana Code
Chapter 2. Enclosures, Trespassing Animals, and Partition Fences
32-26-2-2. Domestic Animal Breaking Into Enclosure
32-26-2-3. Tender of Costs and Damages; Confession of Judgment
32-26-2-4. Strays; Confining Domestic Animal
32-26-2-5. Notice to Owner; Confining Domestic Animal
32-26-2-6. Examination and Assessment of Damages
32-26-2-7. Notice or Advertisement of Confined Domestic Animal
32-26-2-8. Owner Demanding Trespassing Stray From Confiner
32-26-2-9. Trial; Owner Controverting Damages or Denying Trespass
32-26-2-11. Damages and Costs; Payment Before Recovering Property
32-26-2-12. Judgment; Trespass Not Committed by Animal Confined
32-26-2-13. Sale of Trespassing Strays; Retention of Damages and Costs
32-26-2-14. Release of Trespassing Animal; Fence Not Lawful
32-26-2-15. Existing Fence Becoming Partition Fence; Compensation
32-26-2-16. Existing Fence Becoming Partition Fence; Action for Payment
32-26-2-17. Joining Fence to Fence of Another
32-26-2-18. Notice; Intention to Remove Partition Fence
32-26-2-19. Removal of Fence Erected on Land of Another; Damages
32-26-2-20. Removal of Fence Erected on Land of Another; Safeguarding Crops