Sec. 9. (a) If the owners of land have, under or by virtue of any law of Indiana or by mutual consent, erected a fence before March 14, 1877, as described in this chapter, the landowners may:

(1) organize an association according to the provisions of this chapter;

(2) file their articles of association in the office of the recorder; and

(3) petition the board of commissioners as provided in subsection (b).

(b) The petition must show that:

(1) the fence was built before March 14, 1877; and

(2) the goal of the organization is to maintain the fence in good order and repair, as though built under this chapter.

(c) The board of commissioners shall consider the petition. If the board of commissioners is satisfied that:

(1) the owners of the major part of the land improved and used for the purposes of cultivation enclosed by the fence signed the petition; and

(2) the maintenance of the improvement is of public utility and for the best interests of the owners of the land in the area;

the board of commissioners shall make an order allowing the board of directors of the association to make assessments for that purpose, as provided in section 8 of this chapter.

(d) After the directors of the association follow the steps provided in section 8 of this chapter, the association is a body corporate and politic, as though originally organized under this chapter, and has all the rights and powers granted in this chapter.

(e) All liens that then exist in favor of any creditor that financed the improvement, or against any lands on account of the improvement, shall be preserved and may be enforced, either according to the law under which the liens were created or according to this chapter.

[Pre-2002 Recodification Citation: 32-10-1-9.]

As added by P.L.2-2002, SEC.11.