34-30-26-7. Visual inspection by potential purchaser or lender; immunity

IN Code § 34-30-26-7 (2019) (N/A)
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Sec. 7. (a) This section applies to real property for which the executive of a city, town, or county or an enforcement authority (as defined by IC 36-7-9-2) has obtained a determination of abandonment under IC 36-7-37 or IC 36-7-9.

(b) A city, town, or county may provide a potential purchaser or a potential lender to a person who may want to purchase the real property an opportunity to visually inspect the real property, if accompanied by the appropriate enforcement authority. The appropriate enforcement authority may accompany the person in inspecting the real property and may enter upon the real property, including any structure located on the real property, to visually inspect the real property to determine whether the real property may be desirable. For purposes of a visual inspection under this section, a potential purchaser or a potential lender may not:

(1) request a utility provider or the city, town, or county to connect or turn on utilities to the real property; or

(2) physically disturb or alter the real property.

(c) An enforcement authority or a person that enters upon the premises of real property as permitted under this section:

(1) is immune from civil liability for an act or omission related to the entry, unless the act or omission constitutes gross negligence or willful, wanton, or intentional misconduct; and

(2) shall be held harmless from and against all claims of civil or criminal trespass.

As added by P.L.66-2014, SEC.24. Amended by P.L.247-2015, SEC.39.