Sec. 13.5. (a) A political subdivision acquires a lien on each tract of real property for:
(1) all special assessments levied against the tract, including the land under an improvement or appurtenance described in IC 6-1.1-2-4(c); and
(2) all subsequent penalties and costs resulting from the special assessments.
The lien attaches on the installment due date of the year for which the special assessments are certified for collection. The lien is not affected by any sale or transfer of the tract, including the land under an improvement or appurtenance described in IC 6-1.1-2-4(c), and including the sale, exchange, or lease of the tract under IC 36-1-11.
(b) The lien of the political subdivision for special assessments, penalties, and costs continues for ten (10) years from May 10 of the year in which special assessments first become due. However, if any proceeding is instituted to enforce the lien within the ten (10) year period, the limitation is extended, if necessary, to permit the termination of the proceeding.
(c) The lien of the state inures to political subdivisions that impose the special assessments on which the lien is based, and the lien is superior to all other liens except the lien of the state for property taxes.
(d) A political subdivision described in subsection (c) may institute a civil suit against a person or an entity liable for delinquent special assessments. The political subdivision may, after obtaining a judgment, collect:
(1) delinquent special assessments;
(2) penalties due to the delinquency; and
(3) costs and expenses incurred in collecting the delinquent special assessments, including reasonable attorney's fees and court costs approved by a court with jurisdiction.
As added by P.L.169-2006, SEC.12. Amended by P.L.10-2019, SEC.38.
Structure Indiana Code
Chapter 22. General Procedures for Property Tax Collection
6-1.1-22-1. "Personal Property" Defined
6-1.1-22-2. Description of Real Property; Sufficiency
6-1.1-22-3. Tax Duplicate; Contents; Maintenance; Delivery
6-1.1-22-4. Notice of Tax Rate
6-1.1-22-6. Register of Taxes and Special Assessments
6-1.1-22-6.5. Refusal of Third Party to Pay Upon Proper Presentment
6-1.1-22-8.1. Property Taxes, Assessments, and Payments; Time of Issuance; Electronic Options
6-1.1-22-8.2. Donations of Taxpayers in County With Consolidated City; Ordinance
6-1.1-22-8.3. Donation Procedure Notice
6-1.1-22-8.5. Deductions; Contents of Tax Statements; Notice of Ineligibility
6-1.1-22-9. Tax Installment Due Dates; Exceptions; Delinquent Penalty
6-1.1-22-9.5. Alternative Schedule of Installment Payments
6-1.1-22-9.7. Property Taxes; Monthly Payments; Partial Payments
6-1.1-22-9.9. Property Tax Payment Due Dates; Delayed Assessment Change
6-1.1-22-10. Liability for Taxes; Actions to Collect
6-1.1-22-11. Lienholders; Payment of Delinquent Taxes; Penalties and Costs
6-1.1-22-12. Receipt for Payment of Tax or Special Assessment
6-1.1-22-12.1. Liability for Costs of Dishonored Payment Drafts
6-1.1-22-13. State Liens; Civil Suits
6-1.1-22-13.5. Political Subdivision Liens; Civil Suits
6-1.1-22-15. Certification of Delinquent Taxpayer; Setoff Against Money Due
6-1.1-22-16. Deduction From State Payments to Delinquent Taxpayers
6-1.1-22-17. Application of Funds Toward Payment of Delinquent Taxes