IN SB0604 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 7-0)
Status: Passed on May 2 2019 - 100% progression
Action: 2019-05-02 - Public Law 196
Text: Latest bill text (Enrolled) [PDF]

Summary

Voiding and releasing claims in land interests. Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves.

Tracking Information

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Title

Voiding and releasing claims in land interests. Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves.

Sponsors


Roll Calls

2019-04-23 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 93 N: 0 NV: 1 Abs: 6) [PASS]
2019-04-23 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 48 N: 0 NV: 1 Abs: 1) [PASS]
2019-03-26 - House - House - Third reading (Y: 91 N: 0 NV: 4 Abs: 5) [PASS]
2019-03-18 - House - House - Committee Vote (Y: 12 N: 0 NV: 0 Abs: 1) [PASS]
2019-02-26 - Senate - Third reading (Y: 48 N: 1 NV: 0 Abs: 1) [PASS]
2019-02-20 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2019-05-02SenatePublic Law 196
2019-05-02SenateSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-29HouseSigned by the Speaker
2019-04-24SenateSigned by the President Pro Tempore
2019-04-23HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 614: yeas 93, nays 0
2019-04-23SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 573: yeas 48, nays 0
2019-04-23HouseCCR # 1 filed in the House
2019-04-23SenateCCR # 1 filed in the Senate
2019-04-08HouseHouse advisors appointed: Torr, Steuerwald, DeLaney and Dvorak
2019-04-08HouseHouse conferees appointed: Manning and Bauer
2019-04-04SenateSenate advisors appointed: Head, Taylor G and Koch
2019-04-04SenateSenate conferees appointed: Doriot and Randolph Lonnie M
2019-04-02SenateSenate dissented from House amendments
2019-04-02SenateMotion to dissent filed
2019-04-02SenateConcurrence withdrawn
2019-03-27SenateMotion to concur filed
2019-03-27HouseReturned to the Senate with amendments
2019-03-26HouseThird reading: passed; Roll Call 357: yeas 91, nays 0
2019-03-25HouseRepresentative Miller added as cosponsor
2019-03-25HouseRepresentatives Wesco and Stutzman added as cosponsors
2019-03-21HouseSecond reading: ordered engrossed
2019-03-18HouseCommittee report: amend do pass, adopted
2019-03-07HouseFirst reading: referred to Committee on Judiciary
2019-02-27SenateReferred to the House
2019-02-26SenateHouse sponsor: Representative Manning
2019-02-26SenateThird reading: passed; Roll Call 252: yeas 48, nays 1
2019-02-25SenateSenator Koch added as third author
2019-02-25SenateSecond reading: ordered engrossed
2019-02-21SenateSenator Head added as second author
2019-02-21SenateCommittee report: amend do pass, adopted
2019-01-15SenateFirst reading: referred to Committee on Judiciary
2019-01-15SenateAuthored by Senator Doriot

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/604/
Texthttp://iga.in.gov/static-documents/1/e/d/8/1ed83769/SB0604.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/5/d/3/c/5d3c7824/SB0604.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/1/0/1/6/10162162/SB0604.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/a/2/1/0/a210ec4e/SB0604.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/e/b/f/7/ebf7ea28/SB0604.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/1/4/3/5/14355647/SB0604.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/7/d/8/2/7d820fbd/SB0604.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/8/5/4/9/8549e2ab/SB0604.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/c/c/0/a/cc0a2c4f/SB0604.05.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/9/e/a/3/9ea3a98c/SB0604.01.INTR.01.pdf
Roll Callhttp://iga.in.gov/static-documents/9/1/7/d/917dd4c5/SB0604.252.pdf
Roll Callhttp://iga.in.gov/static-documents/6/d/d/7/6dd7fb74/SB0604.03.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/f/c/4/0/fc40504a/SB0604.357.pdf
Roll Callhttp://iga.in.gov/static-documents/7/2/1/a/721af8d0/SB0604.573.pdf
Roll Callhttp://iga.in.gov/static-documents/5/d/e/e/5dee1bbb/SB0604.614.pdf

Bill Comments

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