for the recovery of the property.
(2) The damages, if any, which the premises may have
sustained by waste or cultivation through the time the court
renders a judgment.
(3) The fair value of the rents and profits that may have
accrued, without the improvements, through the time the
court renders a judgment.
(4) The value of the real property that the successful claimant
has in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by
those under whose title to the property the defendant claims.
Sec. 4. The plaintiff in the main action for possession of the real
property may pay the appraised value of the improvements to the
real property, and the taxes paid, with interest, deducting the value
of the rents and profits, and the damages sustained, as assessed at
the trial, and take the property.
Sec. 5. If a plaintiff fails to pay the defendant the value of the
improvements to the real property established under section 4 of
this chapter after a reasonable time fixed by the court, the
defendant may take the property after paying the plaintiff the
appraised value of the property, minus the value of the
improvements.
Sec. 6. If the plaintiff does not pay the defendant the appraised
value of the improvements to the real property under section 4 of
this chapter and the defendant does not pay the plaintiff the
appraised value of the real property under section 5 of this chapter
within the time fixed by the court, the parties will be held to be
tenants in common of all the real property, including the
improvements, each holding an interest proportionate to the value
of the party's property as determined under section 5 of this
chapter.
Sec. 7. Except when the purchaser knows at the time of the sale
that the seller lacks authority to sell the property, a purchaser who
in good faith, at a judicial or tax sale, purchases property that is
sold by the proper person or officer has color of title within the
meaning of this chapter, whether or not the person or officer had
sufficient authority to sell the property. The rights of the purchaser
acquired under this section pass to the purchaser's assignees or
representatives.
Sec. 8. An occupant of real property has color of title within the
meaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from
the records of any public office; or
(2) holds the property by purchase or descent from a person
claiming title derived from public records or by a properly
recorded deed.
Sec. 9. (a) A claimant occupying real property who has color of
title may recover the value of lasting improvements to the real
property made by the party under whom the claimant claims, as
well as those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an
agreement in writing from the party having color of title, is entitled
to the remedy set forth in subsection (a).
Sec. 10. A plaintiff in an action for possession of real property
to which this chapter applies is entitled to an execution for the
possession of the real property in accordance with this chapter, but
not otherwise.
Sec. 11. If any land is sold by an executor, an administrator, a
guardian, a sheriff, or a commissioner of the court and afterwards
the land is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay
the demand or judgment for which or for whose benefit the
land was sold; or
(3) anyone making a claim under a person identified under
subdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the land
without having paid the amount due, as determined under section
12 of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their
repeal) within the time determined by the court.
Sec. 12. Any defendant in the main court action for possession
of real property may file a complaint setting forth the sale and title
under it and any other matter allowed under this chapter. The
court proceedings must assess the values, damages, and other
amounts of which assessment is required under section 3 of this
chapter. If after the main court action the plaintiff has not paid the
amount assessed by the court, the court shall set a reasonable time
for the plaintiff to pay the defendant. If the plaintiff does not pay
the amount within the time set by the court, the court shall order
the land sold without relief from valuation or appraisement laws.
If the premises are sold, the defendant is entitled to receive from
the proceeds of the sale the amount the defendant is due, with
interest, and court costs. The plaintiff is entitled to the remainder
of the proceeds of the sale.".
(Reference is to ESB 57 as printed February 22, 2002.)