Ind. Code ch. 6-1.1-4

Ind. Code ch. 6-1.1-4
in effect

Ind. Code § 6-1.1-4-1 Place of assessment; person liable

Sec. 1. Real property shall be assessed at the place where it is situated, and it shall be assessed to the person liable for the taxes under IC 6-1.1-2-4. [Pre-1975 Property Tax Recodification Citation: 6-1-25-1.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.86-2018, SEC.25.

Ind. Code § 6-1.1-4-2 Assessment of property held by fiduciary

Sec. 2. Real property which is controlled by an executor, administrator, guardian, trustee, or receiver shall be assessed to the executor, administrator, guardian, trustee, or receiver. [Pre-1975 Property Tax Recodification Citation: 6-1-25-2.] Formerly: Acts 1975, P.L.47, SEC.1.

Ind. Code § 6-1.1-4-3 Heirs or devisees; assessment

Sec. 3. (a) The undivided real property of a deceased person which is not under the control of an executor or administrator may be assessed to the decedent's heirs or devisees without designating the heirs or devisees by name. The real property may be assessed in this manner until notice of: (1) the division of the property; (2) the names of the heirs or devisees; and (3) the portion of the property belonging to each heir or devisee; is given to the auditor of the county or counties in which the real property is situated. (b) Each heir or devisee is liable for the total taxes imposed on the undivided real property of a decedent. If an heir or devisee pays the total taxes, he may recover from each other heir or devisee: (1) the other heir's or devisee's share of the total taxes; and (2) interest on the amount referred to in clause (1) of this subsection. In addition, the heir or devisee who pays the taxes acquires the lien for the taxes paid on the property interest of the other heirs or devisees. [Pre-1975 Property Tax Recodification Citation: 6-1-25-3.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.2, SEC.5.

Ind. Code § 6-1.1-4-4 Expired

[Pre-1975 Property Tax Recodification Citation: 6-1-26-1(b), (c) part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1978, P.L.32, SEC.4; Acts 1980, P.L.36, SEC.1; P.L.62-1983, SEC.1; P.L.332-1989(ss), SEC.3; P.L.6-1997, SEC.13; P.L.198-2001, SEC.7; P.L.90-2002, SEC.30; P.L.245-2003, SEC.3; P.L.228-2005, SEC.3; P.L.146-2008, SEC.64; P.L.136-2009, SEC.1; P.L.182-2009(ss), SEC.85; P.L.112-2012, SEC.1; P.L.245-2015, SEC.3. Expired 7-1-2016 by P.L.245-2015, SEC.3.

Ind. Code § 6-1.1-4-4.2 County reassessment plan; approval by department of local government finance

Sec. 4.2. (a) The county assessor of each county shall, before July 1, 2013, and before May 1 of every fourth year thereafter, prepare and submit to the department of local government finance a reassessment plan for the county. The following apply to a reassessment plan prepared and submitted under this section: (1) The reassessment plan is subject to approval by the department of local government finance. The department of local government finance shall complete its review and approval of the reassessment plan before: (A) March 1, 2015; and (B) January 1 of each subsequent year that follows a year in which the reassessment plan is submitted by the county. (2) The department of local government finance shall determine the classes of real property to be used for purposes of this section. (3) Except as provided in subsection (b), the reassessment plan must divide all parcels of real property in the county into four (4) different groups of parcels. Each group of parcels must contain approximately twenty-five percent (25%) of the parcels within each class of real property in the county. (4) Except as provided in subsection (b), all real property in each group of parcels shall be reassessed under the county's reassessment plan once during each four (4) year cycle. (5) The reassessment of a group of parcels in a particular class of real property shall begin on May 1 of a year. (6) The reassessment of parcels: (A) must include a physical inspection of each parcel of real property in the group of parcels that is being reassessed; and (B) shall be completed on or before January 1 of the year after the year in which the reassessment of the group of parcels begins. (7) For real property included in a group of parcels that is reassessed, the reassessment is the basis for taxes payable in the year following the year in which the reassessment is to be completed. (8) The reassessment plan must specify the dates by which the assessor must submit land values under section 13.6 of this chapter to the county property tax assessment board of appeals. (9) The department may not approve the reassessment plan until the assessor provides verification that the land values determination under section 13.6 of this chapter has been completed. (10) Subject to review and approval by the department of local government finance, the county assessor may modify the reassessment plan. (b) A county may submit a reassessment plan that provides for reassessing more than twenty-five percent (25%) of all parcels of real property in the county in a particular year. A plan may provide that all parcels are to be reassessed in one (1) year. However, a plan must cover a four (4) year period. All real property in each group of parcels shall be reassessed under the county's reassessment plan once during each reassessment cycle. (c) The reassessment of the first group of parcels under a county's reassessment plan shall begin on July 1, 2014, and shall be completed on or before January 1, 2015. (d) The department of local government finance may adopt rules to govern the reassessment of property under county reassessment plans. As added by P.L.112-2012, SEC.2. Amended by P.L.111-2014, SEC.8; P.L.236-2023, SEC.14.

Ind. Code § 6-1.1-4-4.4 Repealed

As added by P.L.113-2010, SEC.13. Amended by P.L.245-2015, SEC.4. Repealed by P.L.174-2022, SEC.7.

Ind. Code § 6-1.1-4-4.5 Annual adjustment of assessed value of real property; state review and certification; base rate methodology; adjustment in assessed value based on estimated true tax value

Sec. 4.5. (a) The department of local government finance shall adopt rules establishing a system for annually adjusting the assessed value of real property to account for changes in value in those years since a reassessment under section 4.2 of this chapter for the property last took effect. (b) Subject to subsection (f), the system must be applied to adjust assessed values beginning with the 2006 assessment date and each year thereafter that is not a year in which a reassessment under section 4.2 of this chapter for the property becomes effective. (c) The rules adopted under subsection (a) must include the following characteristics in the system: (1) Promote uniform and equal assessment of real property within and across classifications. (2) Require that assessing officials: (A) reevaluate the factors that affect value; (B) express the interactions of those factors mathematically; (C) use mass appraisal techniques to estimate updated property values within statistical measures of accuracy; and (D) provide notice to taxpayers of an assessment increase that results from the application of annual adjustments. (3) Prescribe procedures that permit the application of the adjustment percentages in an efficient manner by assessing officials. (d) The department of local government finance must review and certify each annual adjustment determined under this section. (e) For an assessment beginning after December 31, 2022, agricultural improvements such as but not limited to barns, grain bins, or silos on land assessed as agricultural shall not be adjusted using factors, such as neighborhood delineation, that are appropriate for use in adjusting residential, commercial, and industrial real property. Those portions of agricultural parcels that include land and buildings not used for an agricultural purpose, such as homes, homesites, and excess residential land and commercial or industrial land and buildings, shall be adjusted by the factor or factors developed for other similar property within the geographic stratification. The residential portion of agricultural properties shall be adjusted by the factors applied to similar residential purposes. (f) In making the annual determination of the base rate to satisfy the requirement for an annual adjustment for each assessment date, the department of local government finance shall, not later than March 1 of each year, determine the base rate using the methodology reflected in Table 2-18 of Book 1, Chapter 2 of the department of local government finance's Real Property Assessment Guidelines (as in effect on January 1, 2005), except that the department shall adjust the methodology as follows: (1) Use a six (6) year rolling average adjusted under subdivision (3) instead of a four (4) year rolling average. (2) Use the data from the six (6) most recent years preceding the year in which the assessment date occurs for which data is available, before one (1) of those six (6) years is eliminated under subdivision (3) when determining the rolling average. (3) Eliminate in the calculation of the rolling average the year among the six (6) years for which the highest market value in use of agricultural land is determined. (4) After determining a preliminary base rate that would apply for the assessment date without applying the adjustment under this subdivision, the department of local government finance shall adjust the preliminary base rate as follows: (A) If the preliminary base rate for the assessment date would be at least ten percent (10%) greater than the final base rate determined for the preceding assessment date, a capitalization rate of: (i) for purposes of determining the preliminary base rate for the January 1, 2025, January 1, 2026, and January 1, 2027, assessment dates, nine percent (9%); and (ii) for purposes of determining the preliminary base rate for assessment dates before January 1, 2025, and for assessment dates after December 31, 2027, eight percent (8%); shall be used to determine the final base rate. (B) If the preliminary base rate for the assessment date would be at least ten percent (10%) less than the final base rate determined for the preceding assessment date, a capitalization rate of six percent (6%) shall be used to determine the final base rate. (C) If neither clause (A) nor clause (B) applies, a capitalization rate of seven percent (7%) shall be used to determine the final base rate. (D) In the case of a market value in use for a year that is used in the calculation of the six (6) year rolling average under subdivision (1) for purposes of determining the base rate for the assessment date: (i) that market value in use shall be recalculated by using the capitalization rate determined under clauses (A) through (C) for the calculation of the base rate for the assessment date; and (ii) the market value in use recalculated under item (i) shall be used in the calculation of the six (6) year rolling average under subdivision (1). (g) For assessment dates after December 31, 2009, an adjustment in the assessed value of real property under this section shall be based on the estimated true tax value of the property on the assessment date that is the basis for taxes payable on that real property. (h) The department shall release the department's annual determination of the base rate on or before March 1 of each year. (i) For the January 1, 2025, assessment date only, the base rate determined using the capitalization rate under subsection (f)(4)(A)(i) shall not apply to land that is assessed under section 12 of this chapter. As added by P.L.198-2001, SEC.8. Amended by P.L.245-2003, SEC.4; P.L.228-2005, SEC.4; P.L.136-2009, SEC.2; P.L.112-2010, SEC.1; P.L.112-2012, SEC.3; P.L.180-2016, SEC.2; P.L.255-2017, SEC.6; P.L.232-2017, SEC.2; P.L.86-2018, SEC.26; P.L.8-2022, SEC.1; P.L.68-2025, SEC.12; P.L.230-2025, SEC.19; P.L.157-2026, SEC.33.

Ind. Code § 6-1.1-4-4.6 Department of local government finance setting of annual adjustment factors if county assessor fails to set; equalization of factors; notice and hearing; applicability

Sec. 4.6. (a) If a county assessor fails before July 2 of a particular year for which an adjustment to the assessed value of real property applies under section 4.5 of this chapter to prepare and deliver to the county auditor a complete detailed list of all of the real property listed for taxation in the county as required by IC 6-1.1-5-14 and at least one hundred eighty (180) days have elapsed after the deadline specified in IC 6-1.1-5-14 for the county assessor to deliver the list, the department of local government finance may develop annual adjustment factors under this section for that year. In developing annual adjustment factors under this section, the department of local government finance shall use data in its possession that is obtained from: (1) the county assessor; or (2) any of the sources listed in the rule, including county or state sales data, government studies, ratio studies, cost and depreciation tables, and other market analyses. (b) Using the data described in subsection (a), the department of local government finance shall propose to establish annual adjustment factors for the affected tax districts for one (1) or more of the classes of real property. The proposal may provide for the equalization of annual adjustment factors in the affected township or county and in adjacent areas. The department of local government finance shall issue notice and provide opportunity for hearing in accordance with IC 6-1.1-14-4 and IC 6-1.1-14-9, as applicable, before issuing final annual adjustment factors. (c) The annual adjustment factors finally determined by the department of local government finance after the hearing required under subsection (b) apply to the annual adjustment of real property under section 4.5 of this chapter for: (1) the assessment date; and (2) the real property; specified in the final determination of the department of local government finance. As added by P.L.182-2009(ss), SEC.86. Amended by P.L.113-2010, SEC.14; P.L.111-2014, SEC.9; P.L.232-2017, SEC.3.

Ind. Code § 6-1.1-4-4.7 Training of assessors and county auditors in sales disclosure form verification

Sec. 4.7. The department of local government finance shall provide training to township assessors, county assessors, and county auditors with respect to the verification of sales disclosure forms under 50 IAC 27-4-7. As added by P.L.228-2005, SEC.5. Amended by P.L.146-2008, SEC.65; P.L.5-2015, SEC.9.

Ind. Code § 6-1.1-4-4.8 Reassessment of covered projects

Sec. 4.8. (a) As used in this section, "covered project" means the construction, remodeling, redevelopment, rehabilitation, or repair of any building, structure, or other real property improvement if: (1) public funds are used by a private person in whole or in part to carry out the project; and (2) after the completion of the project, the building, structure, or other real property improvement is owned by a private person. (b) As used in this section, "public funds" has the meaning set forth in IC 5-22-2-23. (c) As used in this section, "state agency" has the meaning set forth in IC 4-13-1-1(b). (d) Upon the completion of a covered project, the state agency or political subdivision providing the public funds to carry out the covered project shall provide notice of the completion of the covered project to the county assessor of the county in which the building, structure, or other real property improvement is located. (e) Notwithstanding the reassessment schedule in the county's reassessment plan under section 4.2 of this chapter, after receiving notice of the completion of a covered project, the county assessor shall reassess the building, structure, or other real property improvement by carrying out a physical inspection of that property. The reassessment required by this subsection must be completed on or before the earlier of: (1) the date required under the county's reassessment plan; or (2) January 1 of the year after the year in which the county assessor receives notice of the completion of a covered project. As added by P.L.205-2016, SEC.1.

Ind. Code § 6-1.1-4-4.9 Required documentation of changes by assessor; reason that change was made

Sec. 4.9. (a) This section applies to an assessment: (1) under section 4.2 or 4.5 of this chapter or another law; and (2) occurring after December 31, 2023. (b) If the township assessor, or the county assessor if there is no township assessor for the township, changes the underlying parcel characteristics, including age, grade, or condition, of a property from the previous year's assessment date, the township or county assessor shall document: (1) each change; and (2) the reason that each change was made. As added by P.L.236-2023, SEC.15.

Ind. Code § 6-1.1-4-5 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.2-1995, SEC.20; P.L.90-2002, SEC.31; P.L.113-2010, SEC.15; P.L.112-2012, SEC.4; P.L.111-2014, SEC.10. Repealed by P.L.86-2018, SEC.27.

Ind. Code § 6-1.1-4-5.5 Petition for reassessment under county reassessment plan

Sec. 5.5. (a) A petition for the reassessment of a real property group designated under a county's reassessment plan prepared under section 4.2 of this chapter may be filed with the department of local government finance not later than forty-five (45) days after notice of assessment. A petition for reassessment of real property applies only to the most recent real property assessment date. (b) The petition for reassessment must be signed by the lesser of one hundred (100) owners of parcels in the group or five percent (5%) of owners of parcels in the group. The signatures on the petition must be verified by the oath of one (1) or more of the signers. A certificate of the county auditor stating that the signers constitute the required number of owners of taxable real property in the group of parcels must accompany the petition. (c) Upon receipt of a petition under subsection (a), the department of local government finance may order a reassessment under section 9 of this chapter or conduct a reassessment under section 31.5 of this chapter. As added by P.L.112-2012, SEC.5.

Ind. Code § 6-1.1-4-6 Reassessment order

Sec. 6. If the department of local government finance determines that a petition filed under section 5.5 of this chapter has been signed by the required number of petitioners and that the present assessed value of any real property is inequitable, the department of local government finance shall order a reassessment of the real property for which the petition was filed. The order shall specify the time within which the reassessment shall be completed and the date on which the reassessment shall become effective. [Pre-1975 Property Tax Recodification Citation: 6-1-26-5 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.32; P.L.112-2012, SEC.6; P.L.86-2018, SEC.28.

Ind. Code § 6-1.1-4-7 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. Repealed by P.L.41-1993, SEC.54.

Ind. Code § 6-1.1-4-8 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. Repealed by P.L.41-1993, SEC.54.

Ind. Code § 6-1.1-4-9 Reassessment resolution of department of local government finance; hearing; reassessment order

Sec. 9. In order to maintain a just and equitable valuation of real property, the department of local government finance may adopt a resolution declaring its belief that it is necessary to reassess all or a portion of the real property located within this state. If the department of local government finance adopts a reassessment resolution and if either a township or a larger area is involved (for assessments before January 1, 2016) or one (1) or more groups of parcels under the county's reassessment plan are involved (for assessments after December 31, 2015), the department shall hold a hearing concerning the necessity for the reassessment at the courthouse of the county in which the property is located. The department of local government finance shall give notice of the time and place of the hearing in the manner provided in section 10 of this chapter. After the hearing, or if the area involved is less than a township (for assessments before January 1, 2016) or is less than one (1) group of parcels under the county's reassessment plan (for assessments after December 31, 2015), after the adoption of the resolution of the department of local government finance, the department may order any reassessment it deems necessary. The order shall specify the time within which the reassessment must be completed and the date the reassessment will become effective. [Pre-1975 Property Tax Recodification Citation: 6-1-26-6 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.33; P.L.112-2012, SEC.7; P.L.111-2014, SEC.11.

Ind. Code § 6-1.1-4-10 Notice of reassessments; publication

Sec. 10. A notice required by section 9 of this chapter shall be given at least ten (10) days before the hearing by publication one (1) time in each of two (2) newspapers of general circulation which: (1) represent different political parties; and (2) are published in the county in which the property that may be reassessed is located. However, if two (2) such newspapers are not published in the county, publication of the notice in one (1) newspaper of general circulation published in the county is sufficient. [Pre-1975 Property Tax Recodification Citations: 6-1-26-6 part; 6-1-26-8 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.2-1995, SEC.21.

Ind. Code § 6-1.1-4-11 Destroyed property; order of reassessment by county assessor

Sec. 11. (a) If a substantial amount of real and personal property in a township has been physically destroyed, in whole or in part, as a result of a disaster, the county assessor shall: (1) cause a survey to be made of the area or areas in which the property has been destroyed; and (2) order a reassessment of the destroyed property; if a person petitions the county assessor to take that action. The county assessor shall specify in the assessor's order the time within which the reassessment must be completed and the date on which the reassessment will become effective. However, the reassessed value and the corresponding adjustment of tax due, past due, or already paid is effective as of the date the disaster occurred, without penalty. (b) The petition for reassessment of destroyed property, the reassessment order, and the tax adjustment order may not be made after December 31st of the year in which the taxes which would first be affected by the reassessment are payable. [Pre-1975 Property Tax Recodification Citation: 6-1-26-7.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.2-1995, SEC.22; P.L.90-2002, SEC.34; P.L.219-2007, SEC.12; P.L.38-2021, SEC.6.

Ind. Code § 6-1.1-4-11.5 Reassessment of parcels affected by flooding; petition; applicable dates; refund; publication of notice

Sec. 11.5. (a) This section applies to one (1) or more parcels of real property in a county that: (1) are permanently flooded or to which access over land is permanently prevented by flooding; and (2) are not being used for agricultural purposes. (b) The owner of one (1) or more parcels referred to in subsection (a) may petition the county assessor for a reassessment of the parcel or parcels. Upon receipt of the petition, the county assessor shall: (1) cause a survey to be made of the parcel or parcels; and (2) if the parcel or parcels meet the description of subsection (a), order a reassessment of the parcel or parcels. (c) If the flooding referred to in subsection (a) occurs before May 11 of a calendar year (the "current year") and after the immediately preceding November 10 and a petition under subsection (b) is filed not later than December 31 of the current year: (1) the reassessment ordered under subsection (b): (A) takes effect for: (i) the assessment date in the current year; and (ii) the assessment date in the calendar year that immediately precedes the current year; and (B) treats the parcel or parcels for those assessment dates as: (i) being permanently flooded; or (ii) having overland access permanently prevented by flooding; (2) the property taxes first due and payable in the current year with respect to the parcel or parcels are determined based on the reassessment; and (3) the property taxes first due and payable in the calendar year that immediately succeeds the current year with respect to the parcel or parcels are determined based on the reassessment. (d) If the flooding referred to in subsection (a) occurs after May 10 of the current year and before November 11 of the current year and the petition under subsection (b) is filed not later than December 31 of the current year: (1) subsection (c)(1) and (c)(3) apply; and (2) only: (A) the second installment of property taxes under IC 6-1.1-22-9(a) first due and payable in the current year with respect to the parcel or parcels; or (B) if property taxes are payable by a method other than two (2) annual installments, one-half (1/2) of the property tax liability for property taxes first due and payable in the current year with respect to the parcel or parcels; is determined based on the reassessment. (e) This subsection applies only if: (1) the county assessor orders a reassessment under subsection (b); and (2) the property owner pays property taxes in the current year with respect to the parcel or parcels based on the assessment that applied before the ordered reassessment. The property owner is entitled to a refund of property taxes based on the difference in the amount of property taxes paid and the amount of property taxes determined based on the ordered reassessment. A property owner is not required to apply for a refund due under this section. The county auditor shall, without an appropriation being required, issue a warrant to the property owner payable from the county general fund for the amount of the refund, if any, due the property owner. (f) If: (1) the county assessor orders a reassessment under subsection (b); and (2) when the reassessment is completed the property owner has not paid property taxes in the current year with respect to the parcel or parcels based on the assessment that applied before the ordered reassessment; the county treasurer shall issue to the property owner tax statements that reflect property taxes determined based on the reassessment. (g) The county assessor shall specify in an order under subsection (b) the time within which the reassessment must be completed and the date on which the reassessment takes effect. (h) A reassessment under this section for an assessment date continues to apply for subsequent assessment dates until the assessor: (1) determines that circumstances have changed sufficiently to warrant another reassessment of the property; and (2) reassesses the property based on the determination under subdivision (1). (i) The county auditor and county treasurer shall publish notice of the availability of a reassessment under this section in accordance with IC 5-3-1. As added by P.L.90-2009, SEC.1.

Ind. Code § 6-1.1-4-12 Circumstances under which undeveloped land may be reassessed

Sec. 12. (a) As used in this section, "land developer" means a person that holds land for sale in the ordinary course of the person's trade or business. The term includes a financial institution (as defined in IC 28-1-1-3(1)) if the financial institution's land in inventory is purchased, acquired, or held for one (1) or more of the purposes established under IC 28-1-11-5(a)(2), IC 28-1-11-5(a)(3), and IC 28-1-11-5(a)(4). The determination of whether a person qualifies as a land developer shall be based upon whether such person satisfies the requirements contained in this subsection, and no consideration shall be given to either the person's industry classification, such as classification as a developer or builder, or any other activities undertaken by the person in addition to holding land for sale in the ordinary course of the person's trade or business. (b) As used in this section, "land in inventory" means: (1) a lot; or (2) a tract that has not been subdivided into lots; to which a land developer holds title in the ordinary course of the land developer's trade or business. (c) As used in this section, "title" refers to legal or equitable title, including the interest of a contract purchaser. (d) For purposes of this section, land purchased, acquired, or held by a financial institution for one (1) or more of the purposes established under IC 28-1-11-5(a)(2), IC 28-1-11-5(a)(3), and IC 28-1-11-5(a)(4) is considered held for sale in the ordinary course of the financial institution's trade or business. (e) Except as provided in subsections (i), (j), and (k), if: (1) land assessed on an acreage basis is subdivided into lots; or (2) land is rezoned for, or put to, a different use; the land shall be reassessed on the basis of its new classification. (f) If improvements are added to real property, the improvements shall be assessed. (g) An assessment or reassessment made under this section is effective on the next assessment date. (h) No petition to the department of local government finance is necessary with respect to an assessment or reassessment made under this section. (i) Except as provided in subsection (k) and subject to subsection (j), land in inventory may not be reassessed until the next assessment date following the earliest of: (1) the date on which title to the land is transferred by: (A) the land developer; or (B) a successor land developer that acquires title to the land; to a person that is not a land developer; (2) the date on which construction of a structure begins on the land; or (3) the date on which a building permit is issued for construction of a building or structure on the land. (j) Subsection (i) applies regardless of whether the land in inventory is rezoned while a land developer holds title to the land. (k) This subsection applies to land in inventory that a for-profit land developer acquires from a: (1) school corporation; or (2) local unit of government (as defined in IC 14-22-31.5-1), but only if the local unit of government: (A) acquired the land in a tax sale procedure under IC 6-1.1; or (B) has held the land for not less than three (3) years prior to the date on which the for-profit land developer acquires it from the local unit of government. Land in inventory to which this subsection applies shall be assessed on the first assessment date immediately following the date on which the land developer acquires title to the land in inventory. Notwithstanding section 13(a) of this chapter, land in inventory to which this subsection applies is considered to be devoted to agricultural use and shall be assessed at the agricultural land base rate. After the initial assessment under this subsection, land in inventory to which this subsection applies shall be reassessed in accordance with subsection (i). [Pre-1975 Property Tax Recodification Citation: 6-1-26-9 part.] Formerly: Acts 1975, P.L.47, SEC.1; Acts 1975, P.L.49, SEC.1. As amended by P.L.90-2002, SEC.35; P.L.154-2006, SEC.1; P.L.118-2013, SEC.2; P.L.85-2019, SEC.1; P.L.257-2019, SEC.13; P.L.154-2020, SEC.2.

Ind. Code § 6-1.1-4-12.4 "Oil or gas interest"; assessment

Sec. 12.4. (a) For purposes of this section, the term "oil or gas interest" includes but is not limited to: (1) royalties; (2) overriding royalties; (3) mineral rights; or (4) working interest; in any oil or gas located on or beneath the surface of land which lies within this state. (b) Oil or gas interest is subject to assessment and taxation as real property. Notwithstanding section 4.2 of this chapter, each oil or gas interest shall be assessed annually by the assessor of the township in which the oil or gas is located, or the county assessor if there is no township assessor for the township. The township or county assessor shall assess the oil or gas interest to the person who owns or operates the interest. (c) A piece of equipment is an appurtenance to land if it is incident to and necessary for the production of oil and gas from the land covered by the oil or gas interest. This equipment includes but is not limited to wells, pumping units, lines, treaters, separators, tanks, and secondary recovery facilities. These appurtenances are subject to assessment as real property. Notwithstanding section 4.2 of this chapter, each of these appurtenances shall be assessed annually by the assessor of the township in which the appurtenance is located, or the county assessor if there is no township assessor for the township. The township or county assessor shall assess the appurtenance to the person who owns or operates the working interest in the oil or gas interest. Formerly: Acts 1975, P.L.48, SEC.2. As amended by P.L.146-2008, SEC.66; P.L.112-2012, SEC.8; P.L.86-2018, SEC.29.

Ind. Code § 6-1.1-4-12.6 Assessed value of oil or gas interests; schedule; penalty

Sec. 12.6. (a) For purposes of this section, the term "secondary recovery method" includes but is not limited to the stimulation of oil production by means of the injection of water, steam, hydrocarbons, or chemicals, or by means of in situ combustion. (b) The total assessed value of all interests in the oil located on or beneath the surface of a particular tract of land equals the product of: (1) the average daily production of the oil; multiplied by (2) three hundred sixty-five (365); and multiplied by (3) the posted price of oil on the assessment date. However, if the oil is being extracted by use of a secondary recovery method, the total assessed value of all interests in the oil equals one-half (1/2) the assessed value computed under the formula prescribed in this subsection. The appropriate township assessor (if any), or the county assessor if there is no township assessor for the township, shall, in the manner prescribed by the department of local government finance, apportion the total assessed value of all interests in the oil among the owners of those interests. (c) The appropriate township assessor, or the county assessor if there is no township assessor for the township, shall, in the manner prescribed by the department of local government finance, determine and apportion the total assessed value of all interests in the gas located beneath the surface of a particular tract of land. (d) The department of local government finance shall prescribe a schedule for township and county assessors to use in assessing the oil or gas interests described in section 12.4(a) of this chapter and the appurtenances described in section 12.4(c) of this chapter. The owner or owner's agent of the oil or gas interests or appurtenances described in section 12.4 of this chapter must file the schedule by May 15 each year with the appropriate township assessor (if any), or the county assessor if there is no township assessor for the township. (e) If a person fails to file the schedule required by subsection (d) on or before the due date, the county auditor shall add a penalty of twenty-five dollars ($25) to the person's next property tax installment. The county auditor shall also add an additional penalty to the taxes payable by the person if the person fails to file the schedule within thirty (30) days after the due date. The amount of the additional penalty is ten percent (10%) of the taxes finally determined to be due with respect to the property which should have been reported on the schedule. As added by P.L.198-2001, SEC.10. Amended by P.L.146-2008, SEC.67; P.L.83-2019, SEC.1.

Ind. Code § 6-1.1-4-13 Agricultural land; assessment; soil productivity factors

Sec. 13. (a) In assessing or reassessing land, the land shall be assessed as agricultural land only when it is devoted to agricultural use regardless of: (1) who owns the land; or (2) who the person or entity is that is liable for property taxes due on the land under IC 6-1.1-2-4. (b) For purposes of this section, and in addition to any other land considered devoted to agricultural use, any: (1) land enrolled in: (A) a land conservation or reserve program administered by the United States Department of Agriculture; (B) a land conservation program administered by the United States Department of Agriculture's Farm Service Agency; or (C) a conservation reserve program or agricultural easement program administered by the United States Department of Agriculture's Natural Resources Conservation Service; (2) land enrolled in the department of natural resources' classified forest and wildlands program (or any similar or successor program); (3) land classified in the category of other agriculture use, as provided in the department of local government finance's real property assessment guidelines; or (4) land devoted to the harvesting of hardwood timber; is considered to be devoted to agricultural use. Agricultural use for purposes of this section includes but is not limited to the uses included in the definition of "agricultural use" in IC 36-7-4-616(b), such as the production of livestock or livestock products, commercial aquaculture, equine or equine products, land designated as a conservation reserve plan, pastureland, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, other agricultural crops, general farming operation purposes, native timber lands, or land that lays fallow. Agricultural use may not be determined by the size of a parcel or size of a part of the parcel. This subsection does not affect the assessment of any real property assessed under IC 6-1.1-6 (assessment of certain forest lands), IC 6-1.1-6.2 (assessment of certain windbreaks), or IC 6-1.1-6.7 (assessment of filter strips). (c) The department of local government finance shall give written notice to each county assessor of: (1) the availability of the United States Department of Agriculture's soil survey data; and (2) the appropriate soil productivity factor for each type or classification of soil shown on the United States Department of Agriculture's soil survey map. All assessing officials and the property tax assessment board of appeals shall use the data in determining the true tax value of agricultural land. However, notwithstanding the availability of new soil productivity factors and the department of local government finance's notice of the appropriate soil productivity factor for each type or classification of soil shown on the United States Department of Agriculture's soil survey map for the March 1, 2012, assessment date, the soil productivity factors used for the March 1, 2011, assessment date shall be used for the January 1, 2016, assessment date and each assessment date thereafter. (d) The department of local government finance shall by rule provide for the method for determining the true tax value of each parcel of agricultural land. (e) This section does not apply to land purchased for industrial or commercial uses. [Pre-1975 Property Tax Recodification Citations: 6-1-26-3; 6-1-26-4(a); 6-1-33-6 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.63-1983, SEC.1; P.L.24-1986, SEC.6; P.L.75-1987, SEC.1; P.L.6-1997, SEC.14; P.L.90-2002, SEC.36; P.L.178-2002, SEC.5; P.L.112-2012, SEC.9; P.L.1-2013, SEC.1; P.L.85-2014, SEC.1; P.L.249-2015, SEC.6; P.L.180-2016, SEC.3; P.L.23-2026, SEC.28; P.L.157-2026, SEC.34.

Ind. Code § 6-1.1-4-13.2 Calculation of statewide agricultural land base rate value per acre for the 2015 assessment date

Sec. 13.2. Notwithstanding the provisions of this chapter and any real property assessment guidelines of the department of local government finance, for the property tax assessment of agricultural land for the 2015 assessment date, the statewide agricultural land base rate value per acre used to determine the value of agricultural land is two thousand fifty dollars ($2,050). As added by P.L.249-2015, SEC.7. Amended by P.L.180-2016, SEC.4.

Ind. Code § 6-1.1-4-13.5 Repealed

As added by Acts 1981, P.L.64, SEC.1. Amended by P.L.12-1992, SEC.16. Repealed by P.L.84-1995, SEC.6.

Ind. Code § 6-1.1-4-13.6 Determination and review of land values; certification; notice

Sec. 13.6. (a) The county assessor shall determine the values of all classes of commercial, industrial, and residential land (including farm homesites) in the county using guidelines determined by the department of local government finance. The assessor determining the values of land shall submit the values and any supporting document to the county property tax assessment board of appeals and the department of local government finance by the dates specified in the county's reassessment plan under section 4.2 of this chapter. (b) If the county assessor fails to determine land values under subsection (a) before the deadlines in the county's reassessment plan under section 4.2 of this chapter, the county property tax assessment board of appeals shall determine the values. If the county property tax assessment board of appeals fails to determine the values before the land values become effective, the department of local government finance shall determine the values. (c) The county assessor shall notify all township assessors in the county (if any) of the values. Assessing officials shall use the values determined under this section. (d) A petition for the review of the land values determined by a county assessor under this section may be filed with the county auditor not later than forty-five (45) days after the county assessor makes the determination of the land values. The petition must set forth the property owners' objections and be signed by at least the lesser of: (1) one hundred (100) property owners in the county; or (2) five percent (5%) of the property owners in the county. (e) Upon the filing of a petition, the county auditor shall certify a copy of the petition, together with any other data that is necessary in order to present the property owners' objections, to the department of local government finance. (f) Upon receipt of a petition for review under subsection (d), the department of local government finance: (1) shall review the land values determined by the county assessor; and (2) after a public hearing, shall: (A) approve; (B) modify; or (C) disapprove; the land values. Notice of the hearing shall be given by the department of local government finance to the assessor and to the first ten (10) petitioners at least five (5) days before the date of the hearing. As added by P.L.24-1986, SEC.9. Amended by P.L.74-1987, SEC.2; P.L.41-1993, SEC.5; P.L.6-1997, SEC.15; P.L.90-2002, SEC.37; P.L.146-2008, SEC.68; P.L.136-2009, SEC.3; P.L.113-2010, SEC.16; P.L.112-2012, SEC.10; P.L.236-2023, SEC.16; P.L.230-2025, SEC.20.

Ind. Code § 6-1.1-4-13.8 Repealed

As added by P.L.198-2001, SEC.11. Amended by P.L.228-2005, SEC.6. Repealed by P.L.146-2008, SEC.802.

Ind. Code § 6-1.1-4-14 Adjacent property holders; assessment or exemption of various rights-of-way

Sec. 14. (a) Except as provided in subsection (b), land may not be assessed to an adjacent property holder if it: (1) is occupied by and is within the right-of-way of a railroad, interurban, or street railway; (2) is within the line of a levee constructed and maintained either by a levee association or under any law of this state; (3) is used and occupied as part of a public drainage ditch, including land that: (A) is adjacent to the ditch; and (B) cannot be used for farmland or any other purpose because of a need for access to the ditch; or (4) is within a right-of-way that is used and occupied as a public highway. (b) If land described in subsection (a)(1), (a)(2), or (a)(3) has not been transferred by deed to a person who holds the land for railroad, interurban, street railway, levee, drainage, or public highway purposes, the land shall be assessed to the adjacent property owner. However, the assessed value of the land shall be deducted from the assessed value of the land assessed to the adjacent property owner. (c) If an assessor and a landowner fail to agree on the amount of land described in subsection (a)(1), (a)(2), (a)(3), or (a)(4), the assessor shall have the county surveyor make a survey to determine the amount of land so described. [Pre-1975 Property Tax Recodification Citation: 6-1-26-11.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.2, SEC.6; P.L.47-1990, SEC.1; P.L.171-2018, SEC.4.

Ind. Code § 6-1.1-4-14.1 Division and transfer of small parcels owned by county or municipality to adjacent property owners; assessment

Sec. 14.1. (a) This section does not apply to land to which section 14 of this chapter applies. (b) Land may be divided and transferred in equal shares to an adjacent property owner or owners who consent to the transfer of the divided land for no money if: (1) a county, city, or town owns the land that is divided; (2) the divided land has an area that does not exceed three hundred (300) square feet; and (3) the shape and area of the land or divided land indicates that the legal description of the land is in error. (c) If land described in subsection (b) has not been transferred by deed to a person who holds the land adjacent to the land described in subsection (b), the land shall be assessed equally to the owner or owners of the adjacent parcel or parcels. However, the assessed value of the adjacent parcel or parcels shall be adjusted to reflect the assessed value attributable to the adjacent parcel or parcels. (d) If an assessor and an adjacent property owner fail to agree on the area of land described in subsection (b) that the assessor assesses under subsection (c), the assessor shall have the county surveyor make a survey to determine the amount of land transferred under subsection (b) or assessed under subsection (c). The assessor shall use the results of the survey under this subsection to adjust the assessed value of the land assessed to the adjacent parcel owner or owners to reflect action taken under this subsection. As added by P.L.171-2018, SEC.5.

Ind. Code § 6-1.1-4-15 Appraisal; examination of buildings

Sec. 15. (a) If real property is subject to assessment or reassessment under this chapter, the assessor of the township in which the property is located, or the county assessor if there is no township assessor for the township, shall either appraise the property or have it appraised. (b) In order to determine the assessed value of buildings and other improvements, the township or county assessor or the assessor's authorized representative may, after first making known the assessor's or representative's intention to the owner or occupant, enter and fully examine all buildings and structures which are located within the township or county and which are subject to assessment. [Pre-1975 Property Tax Recodification Citations: 6-1-26-1(c) part; 6-1-26-14.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.24-1986, SEC.7; P.L.146-2008, SEC.69.

Ind. Code § 6-1.1-4-16 Assessors' assistants; appropriation

Sec. 16. (a) For purposes of making a reassessment of real property under section 4.2 of this chapter or annual adjustments under section 4.5 of this chapter, a township assessor (if any) and a county assessor may employ: (1) deputies; (2) employees; and (3) technical advisors who are: (A) qualified to determine real property values; (B) professional appraisers certified under 50 IAC 15; and (C) employed either on a full-time or a part-time basis, subject to sections 18.5 and 19.5 of this chapter. (b) The county council of each county shall appropriate the funds necessary for the employment of deputies, employees, or technical advisors employed under subsection (a) of this section. [Pre-1975 Property Tax Recodification Citation: 6-1-26-4(b) part, (c) part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.228-2005, SEC.7; P.L.146-2008, SEC.70; P.L.112-2012, SEC.11; P.L.86-2018, SEC.30.

Ind. Code § 6-1.1-4-17 Employment of professional appraisers as technical advisors

Sec. 17. (a) Subject to the requirements of section 18.5 of this chapter, a county assessor may employ professional appraisers as technical advisors for assessments in all townships in the county. The department of local government finance may approve or deny employment under this subsection. (b) A decision by a county assessor to not employ a professional appraiser as a technical advisor in a reassessment under section 4.2 of this chapter is subject to approval by the department of local government finance. (c) As used in this chapter, "professional appraiser" means an individual or firm that is certified under IC 6-1.1-31.7. [Pre-1975 Property Tax Recodification Citation: 6-1-26-4(b).] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.62-1983, SEC.2; P.L.6-1997, SEC.16; P.L.90-2002, SEC.38; P.L.228-2005, SEC.8; P.L.146-2008, SEC.71; P.L.182-2009(ss), SEC.87; P.L.112-2012, SEC.12; P.L.86-2018, SEC.31; P.L.257-2019, SEC.14.

Ind. Code § 6-1.1-4-18 Repealed

[Pre-1975 Property Tax Recodification Citations: 6-1-26-4(c) part; 6-1-26-4.1 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.64, SEC.1; P.L.6-1997, SEC.17. Repealed by P.L.198-2001, SEC.122.

Ind. Code § 6-1.1-4-18.5 Professional appraisal; contract for services; bids required

Sec. 18.5. (a) A county assessor may not use the services of a professional appraiser for assessment or reassessment purposes without a written contract. The contract used must be either a standard contract developed by the department of local government finance or a contract that has been specifically approved by the department. The department shall ensure that the contract: (1) includes all of the provisions required under section 19.5(b) of this chapter; and (2) adequately provides for the creation and transmission of real property assessment data in the form required by the legislative services agency and the department. (b) No contract shall be made with any professional appraiser to act as technical adviser in the assessment of property, before the giving of notice and the receiving of bids from anyone desiring to furnish this service. Notice of the time and place for receiving bids for the contract shall be given by publication by one (1) insertion in two (2) newspapers of general circulation published in the county and representing each of the two (2) leading political parties in the county. If only one (1) newspaper is there published, notice in that one (1) newspaper is sufficient to comply with the requirements of this subsection. The contract shall be awarded to the lowest and best bidder who meets all requirements under law for entering a contract to serve as technical adviser in the assessment of property. However, any and all bids may be rejected, and new bids may be asked. (c) The county council of each county shall appropriate the funds needed to meet the obligations created by a professional appraisal services contract which is entered into under this chapter. (d) A county assessor who enters into a contract with a professional appraiser shall submit a contract to the department through the Indiana transparency website in the manner prescribed by the department. The county shall upload the contract not later than thirty (30) days after execution of the contract. (e) The department may review any contracts uploaded under subsection (d) to ensure compliance with section 19.5 of this chapter. As added by P.L.198-2001, SEC.13. Amended by P.L.146-2008, SEC.72; P.L.257-2019, SEC.15; P.L.236-2023, SEC.17; P.L.1-2025, SEC.75.

Ind. Code § 6-1.1-4-19 Repealed

[Pre-1975 Property Tax Recodification Citations: 6-1-26-4.1 part; 6-1-26-4.2.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.2, SEC.7; P.L.62-1983, SEC.3. Repealed by P.L.198-2001, SEC.122.

Ind. Code § 6-1.1-4-19.5 Professional appraising services; standard contract or contract provisions

Sec. 19.5. (a) The department of local government finance shall develop a standard contract or standard provisions for contracts to be used in securing professional appraising services. (b) The standard contract or contract provisions must contain: (1) a fixed date by which the professional appraiser or appraisal firm shall have completed all responsibilities under the contract; (2) a penalty clause under which the amount to be paid for appraisal services is decreased for failure to complete specified services within the specified time; (3) a provision requiring the appraiser, or appraisal firm, to make periodic reports to the county assessor; (4) a provision stipulating the manner in which, and the time intervals at which, the periodic reports referred to in subdivision (3) of this subsection are to be made; (5) a precise stipulation of what service or services are to be provided and what class or classes of property are to be appraised; (6) a provision stipulating that the contractor will generate complete parcel characteristics and parcel assessment data in a manner and format acceptable to the legislative services agency and the department of local government finance; (7) a provision stipulating that the department of local government finance has unrestricted access to the contractor's work product under the contract; and (8) a provision stating that the contract is void and unenforceable if the appraiser is not certified by the department of local government finance on the date that the contract is executed or the department of local government finance subsequently revokes the professional appraiser's certification under IC 6-1.1-31.7-4 after the contract is executed. The department of local government finance may devise other necessary provisions for the contracts in order to give effect to this chapter. (c) In order to comply with the duties assigned to it by this section, the department of local government finance may develop: (1) one (1) or more model contracts; (2) one (1) contract with alternate provisions; or (3) any combination of subdivisions (1) and (2). The department may approve special contract language in order to meet any unusual situations. As added by P.L.198-2001, SEC.15. Amended by P.L.146-2008, SEC.73; P.L.182-2009(ss), SEC.88; P.L.257-2019, SEC.16; P.L.159-2020, SEC.5.

Ind. Code § 6-1.1-4-20 Professional appraisal; contract deadline

Sec. 20. The department of local government finance may establish a period, with respect to each reassessment under section 4.2 of this chapter, that is the only time during which a county assessor may enter into a contract with a professional appraiser. [Pre-1975 Property Tax Recodification Citation: 6-1-26-4(d).] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.55-1986, SEC.1; P.L.6-1997, SEC.18; P.L.90-2002, SEC.39; P.L.146-2008, SEC.74; P.L.112-2012, SEC.13; P.L.86-2018, SEC.32.

Ind. Code § 6-1.1-4-21 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-1(f)(1) part; (2) part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.55-1986, SEC.2; P.L.146-2008, SEC.75; P.L.112-2012, SEC.14. Repealed by P.L.245-2015, SEC.5.

Ind. Code § 6-1.1-4-21.4 Appraisal completion date and reporting requirements under county reassessment plan

Sec. 21.4. (a) The appraisals of the parcels in a group under a county's reassessment plan prepared under section 4.2 of this chapter that are subject to taxation must be completed as follows: (1) The appraisal of one-third (1/3) of the parcels shall be completed before August 1 of the year in which the group's reassessment under the county reassessment plan begins. (2) The appraisal of two-thirds (2/3) of the parcels shall be completed before November 1 of the year in which the group's reassessment under the county reassessment plan begins. (3) The appraisal of all the parcels shall be completed before January 1 of the year following the year in which the group's reassessment under the county reassessment plan begins. (b) If a county assessor employs a professional appraiser or a professional appraisal firm to make real property appraisals of a group of parcels under a county's reassessment plan, the professional appraiser or appraisal firm must file appraisal reports with the county assessor by the dates set forth in subsection (a). As added by P.L.112-2012, SEC.15. Amended by P.L.111-2014, SEC.12.

Ind. Code § 6-1.1-4-21.5 Repealed

As added by Acts 1981, P.L.64, SEC.2. Amended by P.L.76-1987, SEC.1; P.L.12-1992, SEC.17. Repealed by P.L.84-1995, SEC.6.

Ind. Code § 6-1.1-4-22 Amounts of assessment or reassessment; notice

Sec. 22. (a) If any assessing official assesses or reassesses any real property under this article (including an annual adjustment under section 4.5 of this chapter), the official shall give notice to the taxpayer and the county assessor, by mail or by using electronic mail that includes a secure Internet link to the information in the notice, of the amount of the assessment or reassessment. (b) Each township or county assessor shall provide the notice required by this section by the earlier of: (1) ninety (90) days after the assessor: (A) completes the appraisal of a parcel; or (B) receives a report for a parcel from a professional appraiser or professional appraisal firm; or (2) April 10 of the year containing the assessment date for which the assessment or reassessment first applies, if the assessment date occurs in a year that ends before January 1, 2016, and February 10 of the year containing the assessment date for which the assessment or reassessment first applies, if the assessment date occurs in a year that begins after December 31, 2015. (c) The notice required by this section is in addition to any required notice of assessment or reassessment included in a property tax statement under IC 6-1.1-22 or IC 6-1.1-22.5. (d) The notice required by this section must include notice to the person of the opportunity to appeal the assessed valuation under IC 6-1.1-15-1.1. (e) Notice of the opportunity to appeal the assessed valuation required under subsection (d) must include the following: (1) The procedure that a taxpayer must follow to appeal the assessment or reassessment. (2) The forms that must be filed for an appeal of the assessment or reassessment. (3) Notice that an appeal of the assessment or reassessment requires evidence relevant to the true tax value of the taxpayer's property as of the assessment date. (f) The notice required by this section must include notice to the taxpayer of the taxpayer's right to submit a written complaint to the department under IC 6-1.1-35.7-4(b) if a taxpayer has reason to believe that the township assessor, the county assessor, an employee of the township assessor or county assessor, or an appraiser has violated IC 6-1.1-35.7-3 or IC 6-1.1-35.7-4(a). The notice required under this subsection must include the procedure that a taxpayer must follow to submit the written complaint to the department. [Pre-1975 Property Tax Recodification Citations: 6-1-26-1(f)(1) part, (2) part; 6-1-26-12 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.64, SEC.2; P.L.6-1997, SEC.19; P.L.146-2008, SEC.76; P.L.136-2009, SEC.4; P.L.112-2012, SEC.16; P.L.111-2014, SEC.13; P.L.232-2017, SEC.4; P.L.178-2021, SEC.1.

Ind. Code § 6-1.1-4-23 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-1(f)(3).] Formerly: Acts 1975, P.L.47, SEC.1. Repealed by Acts 1977, P.L.64, SEC.4.

Ind. Code § 6-1.1-4-24 Notice to county auditor of assessed value

Sec. 24. Immediately following an assessment or reassessment of real property, the county property tax assessment board of appeals shall notify the county auditor of the assessed value of the land and improvements so assessed. The county property tax assessment board of appeals shall give the notice on the form and in the manner prescribed by the department of local government finance. [Pre-1975 Property Tax Recodification Citations: 6-1-26-1(f)(1) part; 6-1-26-13.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.6-1997, SEC.20; P.L.90-2002, SEC.40.

Ind. Code § 6-1.1-4-25 Record keeping; electronic data files

Sec. 25. (a) Each township assessor and each county assessor shall keep the assessor's reassessment data and records current by securing the necessary field data and by making changes in the assessed value of real property as changes occur in the use of the real property. The township or county assessor's records shall at all times show the assessed value of real property in accordance with this chapter. The township assessor shall ensure that the county assessor has full access to the assessment records maintained by the township assessor. (b) The county assessor shall: (1) maintain an electronic data file of: (A) the parcel characteristics and parcel assessments of all parcels; and (B) the personal property return characteristics and assessments by return; for each township in the county as of each assessment date; (2) maintain the electronic file in a form that formats the information in the file with the standard data, field, and record coding required and approved by: (A) the legislative services agency; and (B) the department of local government finance; (3) provide electronic access to property record cards on the official county website; and (4) before July 1 of each year, transmit the data in the file with respect to the assessment date of that year to the department of local government finance. (c) The appropriate county officer, as designated by the county executive, shall: (1) maintain an electronic data file of the geographic information system characteristics of each parcel for each township in the county as of each assessment date; (2) maintain the electronic file in a form that formats the information in the file with the standard data, field, and record coding required and approved by the office of technology; and (3) before July 1 of each year, transmit the data in the file with respect to the assessment date of that year to the geographic information office of the office of technology. (d) An assessor under subsection (b) and an appropriate county officer under subsection (c) shall do the following: (1) Transmit the data in a manner that meets the data export and transmission requirements in a standard format, as prescribed by the office of technology established by IC 4-13.1-2-1 and approved by the legislative services agency. (2) Resubmit the data in the form and manner required under subsection (b) or (c) upon request of the legislative services agency, the department of local government finance, or the geographic information office of the office of technology, as applicable, if data previously submitted under subsection (b) or (c) does not comply with the requirements of subsection (b) or (c), as determined by the legislative services agency, the department of local government finance, or the geographic information office of the office of technology, as applicable. An electronic data file maintained for a particular assessment date may not be overwritten with data for a subsequent assessment date until a copy of an electronic data file that preserves the data for the particular assessment date is archived in the manner prescribed by the office of technology established by IC 4-13.1-2-1 and approved by the legislative services agency. [Pre-1975 Property Tax Recodification Citation: 6-1-26-9 part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.6-1997, SEC.21; P.L.198-2001, SEC.16; P.L.178-2002, SEC.6; P.L.177-2005, SEC.27; P.L.146-2008, SEC.77; P.L.111-2014, SEC.14; P.L.203-2016, SEC.1; P.L.273-2019, SEC.4; P.L.159-2020, SEC.6; P.L.174-2022, SEC.8; P.L.1-2025, SEC.76; P.L.157-2026, SEC.35.

Ind. Code § 6-1.1-4-26 Adoption or promulgation of documents by the department of local government finance

Sec. 26. The department of local government finance may adopt or promulgate regulations, appraisal manuals, rules, bulletins, directives, and forms for the assessment and reassessment of real property. [Pre-1975 Property Tax Recodification Citation: 6-1-26-1(d).] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.90-2002, SEC.41.

Ind. Code § 6-1.1-4-27 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-1(e) part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1980, P.L.36, SEC.2; Acts 1981, P.L.65, SEC.1; P.L.62-1983, SEC.4; P.L.332-1989(ss), SEC.4; P.L.6-1997, SEC.22. Repealed by P.L.198-2001, SEC.122.

Ind. Code § 6-1.1-4-27.5 Property reassessment fund; tax levies; petition to increase levy; appeal

Sec. 27.5. (a) The auditor of each county shall establish a property reassessment fund. The county treasurer shall deposit all collections resulting from the property taxes that the county levies for the county's property reassessment fund. (b) With respect to a reassessment of real property under a county's reassessment plan under section 4.2 of this chapter, the county council of each county shall, for property taxes due each year, levy against all the taxable property in the county an amount equal to the estimated costs of the reassessment under section 28.5 of this chapter for the group of parcels to be reassessed in that year. (c) The county assessor may petition the county fiscal body to increase the levy under subsection (b) to pay for the costs of: (1) a reassessment of one (1) or more groups of parcels under a county's reassessment plan prepared under section 4.2 of this chapter; (2) verification under 50 IAC 27-4-7 of sales disclosure forms forwarded to the county assessor under IC 6-1.1-5.5-3; or (3) processing annual adjustments under section 4.5 of this chapter. The assessor must document the needs and reasons for the increased funding. (d) If the county fiscal body denies a petition under subsection (c), the county assessor may appeal to the department of local government finance. The department of local government finance shall: (1) hear the appeal; and (2) determine whether the additional levy is necessary. As added by P.L.198-2001, SEC.18. Amended by P.L.90-2002, SEC.42; P.L.151-2002, SEC.1 and P.L.178-2002, SEC.7; P.L.245-2003, SEC.5; P.L.228-2005, SEC.9; P.L.219-2007, SEC.13; P.L.146-2008, SEC.78; P.L.172-2011, SEC.27; P.L.112-2012, SEC.17; P.L.218-2013, SEC.1; P.L.5-2015, SEC.10.

Ind. Code § 6-1.1-4-28 Repealed

[Pre-1975 Property Tax Recodification Citation: 6-1-26-1(e) part.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1981, P.L.65, SEC.2; P.L.63-1983, SEC.2; P.L.24-1986, SEC.8; P.L.19-1987, SEC.17; P.L.48-1990, SEC.1; P.L.30-1994, SEC.1; P.L.6-1997, SEC.23; P.L.2-1998, SEC.16. Repealed by P.L.198-2001, SEC.122.

Ind. Code § 6-1.1-4-28.5 Property reassessment funds; use of money; soil maps

Sec. 28.5. (a) Money assigned to a property reassessment fund under section 27.5 of this chapter may be used only to pay the costs of: (1) the reassessment of one (1) or more groups of parcels under a county's reassessment plan prepared under section 4.2 of this chapter, including the computerization of assessment records; (2) payments to assessing officials and hearing officers for county property tax assessment boards of appeals under IC 6-1.1-35.2; (3) the development or updating of detailed soil survey data by the United States Department of Agriculture or its successor agency; (4) the updating of plat books; (5) payments for the salary of permanent staff or for the contractual services of temporary staff who are necessary to assist assessing officials; (6) making annual adjustments under section 4.5 of this chapter; and (7) the verification under 50 IAC 27-4-7 of sales disclosure forms forwarded to: (A) the county assessor; or (B) township assessors (if any); under IC 6-1.1-5.5-3. Money in a property reassessment fund may not be transferred or reassigned to any other fund and may not be used for any purposes other than those set forth in this section. (b) All counties shall use modern, detailed soil maps in the reassessment of agricultural land. (c) The county treasurer of each county shall, in accordance with IC 5-13-9, invest any money accumulated in the property reassessment fund. Any interest received from investment of the money shall be paid into the property reassessment fund. (d) An appropriation under this section must be approved by the fiscal body of the county after the review and recommendation of the county assessor. However, in a county with a township assessor in every township, the county assessor does not review an appropriation under this section, and only the fiscal body must approve an appropriation under this section. As added by P.L.198-2001, SEC.20. Amended by P.L.228-2005, SEC.10; P.L.88-2005, SEC.7; P.L.1-2006, SEC.131; P.L.154-2006, SEC.2; P.L.1-2007, SEC.39; P.L.219-2007, SEC.14; P.L.146-2008, SEC.79; P.L.112-2012, SEC.18; P.L.5-2015, SEC.11; P.L.86-2018, SEC.33.

Ind. Code § 6-1.1-4-29 Expenses of reassessment

Sec. 29. (a) The expenses of a reassessment, except those incurred by the department of local government finance in performing its normal functions, shall be paid by the county in which the reassessed property is situated. These expenses, except for the expenses of reassessments of a group of parcels under a county's reassessment plan prepared under section 4.2 of this chapter shall be paid from county funds. The county auditor shall issue warrants for the payment of reassessment expenses. No prior appropriations are required in order for the auditor to issue warrants. (b) An order of the department of local government finance directing the reassessment of property shall contain an estimate of the cost of making the reassessment. The assessing officials in the county, the county property tax assessment board of appeals, and the county auditor may not exceed the amount so estimated by the department of local government finance. [Pre-1975 Property Tax Recodification Citation: 6-1-26-17.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.6-1997, SEC.24; P.L.90-2002, SEC.43; P.L.146-2008, SEC.80; P.L.112-2012, SEC.19; P.L.86-2018, SEC.34.

Ind. Code § 6-1.1-4-30 Interim assessments or reassessments; rules and regulations

Sec. 30. In making any assessment or reassessment of real property between reassessments of that real property under a county's reassessment plan prepared under section 4.2 of this chapter, the rules, regulations, and standards for assessment are the same as those used for that real property in the preceding reassessment of that group of parcels under a county's reassessment plan. [Pre-1975 Property Tax Recodification Citation: 6-1-26-10.] Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.112-2012, SEC.20; P.L.86-2018, SEC.35.

Ind. Code § 6-1.1-4-31 Department of local government finance check of local assessment activities; state conducted activities; payment of bills for services; determinations by county commissioners or city-county council

Sec. 31. (a) The department of local government finance shall periodically check the conduct of: (1) a reassessment of a group of parcels under a county's reassessment plan prepared under section 4.2 of this chapter; (2) work required to be performed by local officials under 50 IAC 21; and (3) other property assessment activities in the county, as determined by the department. The department of local government finance may inform township assessors (if any), county assessors, and the presidents of county councils in writing if its check reveals that the reassessment of a group of parcels under a county's reassessment plan prepared under section 4.2 of this chapter, or other property assessment activities are not being properly conducted, work required to be performed by local officials under 50 IAC 21 is not being properly conducted, or property assessments are not being properly made. (b) The failure of the department of local government finance to inform local officials under subsection (a) shall not be construed as an indication by the department that: (1) a reassessment of a group of parcels under a county's reassessment plan prepared under section 4.2 of this chapter or other property assessment activities are being properly conducted; (2) work required to be performed by local officials under 50 IAC 21 is being properly conducted; or (3) property assessments are being properly made. (c) If the department of local government finance: (1) determines under subsection (a) that a reassessment of a group of parcels under a county's reassessment plan prepared under section 4.2 of this chapter or other assessment activities are not being properly conducted; and (2) informs: (A) the township assessor (if any) of each affected township; (B) the county assessor; and (C) the president of the county council; in writing under subsection (a); the department may order a state conducted assessment or reassessment under section 31.5 of this chapter to begin not less than sixty (60) days after the date of the notice under subdivision (2). (d) If the department of local government finance: (1) determines under subsection (a) that work required to be performed by local officials under 50 IAC 21 is not being properly conducted; and (2) informs: (A) the township assessor of each affected township (if any); (B) the county assessor; and (C) the president of the county council; in writing under subsection (a); the department may conduct the work or contract to have the work conducted to begin not less than sixty (60) days after the date of the notice under subdivision (2). If the department determines during the period between the date of the notice under subdivision (2) and the proposed date for beginning the work or having the work conducted that work required to be performed by local officials under 50 IAC 21 is being properly conducted, the department may rescind the order. (e) If the department of local government finance contracts to have work conducted under subsection (d), the department shall forward the bill for the services to the county and the county shall pay the bill under the same procedures that apply to county payments of bills for assessment or reassessment services under section 31.5 of this chapter. (f) A county council president who is informed by the department of local government finance under subsection (a) shall provide the information to the board of county commissioners. A board of county commissioners that receives information under this subsection may adopt an ordinance to do either or both of the following: (1) Determine that: (A) the information indicates that the county assessor has failed to perform adequately the duties of county assessor; and (B) by that failure the county assessor forfeits the office of county assessor and is subject to removal from office by an information filed under IC 34-17-2-1(b). (2) Determine that: (A) the information indicates that one (1) or more township assessors in the county have failed to perform adequately the duties of township assessor; and (B) by that failure the township assessor or township assessors forfeit the office of township assessor and are subject to removal from office by an information filed under IC 34-17-2-1(b). (g) A city-county council that is informed by the department of local government finance under subsection (a) may adopt an ordinance making the determination or determinations referred to in subsection (f). As added by P.L.14-1983, SEC.2. Amended by P.L.90-2002, SEC.44; P.L.228-2005, SEC.11; P.L.146-2008, SEC.81; P.L.113-2010, SEC.17; P.L.112-2012, SEC.21; P.L.86-2018, SEC.36.

Ind. Code § 6-1.1-4-31.5 State conducted assessment or reassessment; notice; state contract with appraising firm; state review of contract; land values; contract payment; severability

Sec. 31.5. (a) As used in this section, "department" refers to the department of local government finance. (b) If the department makes a determination and informs local officials under section 31(c) of this chapter, the department may order a state conducted assessment or reassessment in the county subject to the time limitation in that subsection. (c) If the department orders a state conducted assessment or reassessment in a county, the department shall assume the duties of the county assessor. Notwithstanding sections 15 and 17 of this chapter, a county assessor subject to an order issued under this section may not assess property or have property assessed for the assessment or under a county's reassessment plan prepared under section 4.2 of this chapter. Until the state conducted assessment or reassessment is completed under this section, the assessment or reassessment duties of the county assessor are limited to providing the department or a contractor of the department the support and information requested by the department or the contractor. (d) Before assuming the duties of a county assessor, the department shall transmit a copy of the department's order requiring a state conducted assessment or reassessment to the county assessor, the county fiscal body, the county auditor, and the county treasurer. Notice of the department's actions must be published one (1) time in a newspaper of general circulation published in the county. The department is not required to conduct a public hearing before taking action under this section. (e) A county assessor subject to an order issued under this section shall, at the request of the department or the department's contractor, make available and provide access to all: (1) data; (2) records; (3) maps; (4) parcel record cards; (5) forms; (6) computer software systems; (7) computer hardware systems; and (8) other information; related to the assessment or reassessment of real property in the county. The information described in this subsection must be provided at no cost to the department or the contractor of the department. A failure to provide information requested under this subsection constitutes a failure to perform a duty related to an assessment or under a county's reassessment plan prepared under section 4.2 of this chapter and is subject to IC 6-1.1-37-2. (f) The department may enter into a contract with a professional appraising firm to conduct an assessment or reassessment under this section. If a county entered into a contract with a professional appraising firm to conduct the county's assessment or reassessment before the department orders a state conducted assessment or reassessment in the county under this section, the contract: (1) is as valid as if it had been entered into by the department; and (2) shall be treated as the contract of the department. (g) After receiving the report of assessed values from the appraisal firm acting under a contract described in subsection (f), the department shall give notice to the taxpayer and the county assessor, by mail, of the amount of the assessment or reassessment. The notice of assessment or reassessment: (1) is subject to appeal by the taxpayer under section 31.7 of this chapter; and (2) must include a statement of the taxpayer's rights under section 31.7 of this chapter. (h) The department shall forward a bill for services provided under a contract described in subsection (f) to the auditor of the county in which the state conducted reassessment occurs. The county shall pay the bill under the procedures prescribed by subsection (i). (i) A county subject to an order issued under this section shall pay the cost of a contract described in subsection (f), without appropriation, from the county property reassessment fund. A contractor may periodically submit bills for partial payment of work performed under the contract. Notwithstanding any other law, a contractor is entitled to payment under this subsection for work performed under a contract if the contractor: (1) submits to the department a fully itemized, certified bill in the form required by IC 5-11-10-1 for the costs of the work performed under the contract; (2) obtains from the department: (A) approval of the form and amount of the bill; and (B) a certification that the billed goods and services have been received and comply with the contract; and (3) files with the county auditor: (A) a duplicate copy of the bill submitted to the department; (B) proof of the department's approval of the form and amount of the bill; and (C) the department's certification that the billed goods and services have been received and comply with the contract. The department's approval and certification of a bill under subdivision (2) shall be treated as conclusively resolving the merits of a contractor's claim. Upon receipt of the documentation described in subdivision (3), the county auditor shall immediately certify that the bill is true and correct without further audit and submit the claim to the county executive. The county executive shall allow the claim, in full, as approved by the department, without further examination of the merits of the claim in a regular or special session that is held not less than three (3) days and not more than seven (7) days after the date the claim is certified by the county fiscal officer if the procedures in IC 5-11-10-2 are used to approve the claim or the date the claim is placed on the claim docket under IC 36-2-6-4 if the procedures in IC 36-2-6-4 are used to approve the claim. Upon allowance of the claim by the county executive, the county auditor shall immediately issue a warrant or check for the full amount of the claim approved by the department. Compliance with this subsection constitutes compliance with IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and payment of a claim in compliance with this subsection is not subject to remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply to a claim submitted under this subsection. IC 5-11-10-1.6(f) applies to a fiscal officer who pays a claim in compliance with this subsection. (j) Notwithstanding IC 4-13-2, a period of seven (7) days is permitted for each of the following to review and act under IC 4-13-2 on a contract of the department entered into under this section: (1) The commissioner of the Indiana department of administration. (2) The director of the budget agency. (3) The attorney general. (k) If money in the county's property reassessment fund is insufficient to pay for an assessment or reassessment conducted under this section, the department may increase the tax rate and tax levy of the county's property reassessment fund to pay the cost and expenses related to the assessment or reassessment. (l) The department or the contractor of the department shall use the land values determined under section 13.6 of this chapter for a county subject to an order issued under this section to the extent that the department or the contractor finds that the land values reflect the true tax value of land, as determined under this article and the rules of the department. If the department or the contractor finds that the land values determined for the county under section 13.6 of this chapter do not reflect the true tax value of land, the department or the contractor shall determine land values for the county that reflect the true tax value of land, as determined under this article and the rules of the department. Land values determined under this subsection shall be used to the same extent as if the land values had been determined under section 13.6 of this chapter. The department or the contractor of the department shall notify the county's assessing officials of the land values determined under this subsection. (m) A contractor of the department may notify the department if: (1) a county auditor fails to: (A) certify the contractor's bill; (B) publish the contractor's claim; (C) submit the contractor's claim to the county executive; or (D) issue a warrant or check for payment of the contractor's bill; as required by subsection (i) at the county auditor's first legal opportunity to do so; (2) a county executive fails to allow the contractor's claim as legally required by subsection (i) at the county executive's first legal opportunity to do so; or (3) a person or an entity authorized to act on behalf of the county takes or fails to take an action, including failure to request an appropriation, and that action or failure to act delays or halts progress under this section for payment of the contractor's bill. (n) The department, upon receiving notice under subsection (m) from a contractor of the department, shall: (1) verify the accuracy of the contractor's assertion in the notice that: (A) a failure occurred as described in subsection (m)(1) or (m)(2); or (B) a person or an entity acted or failed to act as described in subsection (m)(3); and (2) provide to the treasurer of state the department's approval under subsection (i)(2)(A) of the contractor's bill with respect to which the contractor gave notice under subsection (m). (o) Upon receipt of the department's approval of a contractor's bill under subsection (n), the treasurer of state shall pay the contractor the amount of the bill approved by the department from money in the possession of the state that would otherwise be available for distribution to the county, including distributions of admissions taxes or wagering taxes. (p) The treasurer of state shall withhold from the money that would be distributed under IC 4-33-12-6, IC 4-33-13-5, or any other law to a county described in a notice provided under subsection (m) the amount of a payment made by the treasurer of state to the contractor of the department under subsection (o). Money shall be withheld from any source payable to the county. (q) Compliance with subsections (m) through (p) constitutes compliance with IC 5-11-10. (r) IC 5-11-10-1.6(f) applies to the treasurer of state with respect to the payment made in compliance with subsections (m) through (p). This subsection and subsections (m) through (p) must be interpreted liberally so that the state shall, to the extent legally valid, ensure that the contractual obligations of a county subject to this section are paid. Nothing in this section shall be construed to create a debt of the state. (s) The provisions of this section are severable as provided in IC 1-1-1-8(b). As added by P.L.228-2005, SEC.12. Amended by P.L.146-2008, SEC.82; P.L.112-2012, SEC.22; P.L.86-2018, SEC.37; P.L.181-2023, SEC.2.

Ind. Code § 6-1.1-4-31.6 Informal hearings by professional appraiser contractor; informal hearing required to preserve right to appeal assessment; notice; rules; contract payment

Sec. 31.6. (a) Subject to the other requirements of this section, the department of local government finance may: (1) negotiate an addendum to a contract referred to in section 31.5(f) of this chapter that is treated as a contract of the department; or (2) include provisions in a contract entered into by the department under section 31.5(f) of this chapter; to require the contractor of the department to represent the department in appeals initiated under section 31.7 of this chapter and to afford to taxpayers an opportunity to attend an informal hearing. (b) The purpose of the informal hearing referred to in subsection (a) is to: (1) discuss the specifics of the taxpayer's assessment or reassessment; (2) review the taxpayer's property record card; (3) explain to the taxpayer how the assessment or reassessment was determined; (4) provide to the taxpayer information about the statutes, rules, and guidelines that govern the determination of the assessment or reassessment; (5) note and consider objections of the taxpayer; (6) consider all errors alleged by the taxpayer; and (7) otherwise educate the taxpayer about: (A) the taxpayer's assessment or reassessment; (B) the assessment or reassessment process; and (C) the assessment or reassessment appeal process under section 31.7 of this chapter. (c) Following an informal hearing referred to in subsection (b), the contractor shall: (1) make a recommendation to the department of local government finance as to whether a change in the reassessment is warranted; and (2) if recommending a change under subdivision (1), provide to the department a statement of: (A) how the changed assessment or reassessment was determined; and (B) the amount of the changed assessment or reassessment. (d) To preserve the right to appeal under section 31.7 of this chapter, a taxpayer must initiate the informal hearing process by notifying the department of local government finance or its designee of the taxpayer's intent to participate in an informal hearing referred to in subsection (b) not later than forty-five (45) days after the department of local government finance gives notice under section 31.5(g) of this chapter to taxpayers of the amount of the reassessment. (e) The informal hearings referred to in subsection (b) must be conducted: (1) in the county where the property is located; and (2) in a manner determined by the department of local government finance. (f) The department of local government finance shall: (1) consider the recommendation of the contractor under subsection (c); and (2) if the department accepts a recommendation that a change in the assessment or reassessment is warranted, accept or modify the recommended amount of the changed assessment or reassessment. (g) The department of local government finance shall send a notice of the result of each informal hearing to: (1) the taxpayer; (2) the county auditor; (3) the county assessor; and (4) the township assessor (if any) of the township in which the property is located. (h) A notice under subsection (g) must: (1) state whether the assessment or reassessment was changed as a result of the informal hearing; and (2) if the assessment or reassessment was changed as a result of the informal hearing: (A) indicate the amount of the changed assessment or reassessment; and (B) provide information on the taxpayer's right to appeal under section 31.7 of this chapter. (i) If the department of local government finance does not send a notice under subsection (g) not later than two hundred seventy (270) days after the date the department gives notice of the amount of the assessment or reassessment under section 31.5(g) of this chapter: (1) the department may not change the amount of the assessment or reassessment under the informal hearing process described in this section; and (2) the taxpayer may appeal the assessment or reassessment under section 31.7 of this chapter. (j) The department of local government finance may adopt rules to establish procedures for informal hearings under this section. (k) Payment for an addendum to a contract under subsection (a)(1) is made in the same manner as payment for the contract under section 31.5(h) of this chapter. As added by P.L.228-2005, SEC.13. Amended by P.L.146-2008, SEC.83.

Ind. Code § 6-1.1-4-31.7 Appeal of assessment or reassessment to Indiana board; Indiana board contract with special master; hearings; rules; appeal to tax court

Sec. 31.7. (a) As used in this section, "special master" refers to a person designated by the Indiana board under subsection (e). (b) The notice of assessment or reassessment under section 31.5(g) of this chapter is subject to appeal by the taxpayer to the Indiana board. The procedures and time limitations that apply to an appeal to the Indiana board of a determination of the department of local government finance do not apply to an appeal under this subsection. The Indiana board may establish applicable procedures and time limitations under subsection (l). (c) In order to appeal under subsection (b), the taxpayer must: (1) participate in the informal hearing process under section 31.6 of this chapter; (2) except as provided in section 31.6(i) of this chapter, receive a notice under section 31.6(g) of this chapter; and (3) file a petition for review with the appropriate county assessor not later than thirty (30) days after: (A) the date of the notice to the taxpayer under section 31.6(g) of this chapter; or (B) the date after which the department may not change the amount of the assessment or reassessment under the informal hearing process described in section 31.6 of this chapter. (d) The Indiana board may develop a form for petitions under subsection (c) that outlines: (1) the appeal process; (2) the burden of proof; and (3) evidence necessary to warrant a change to an assessment or reassessment. (e) The Indiana board may contract with, appoint, or otherwise designate the following to serve as special masters to conduct evidentiary hearings and prepare reports required under subsection (g): (1) Independent, licensed appraisers. (2) Attorneys. (3) Certified level two or level three Indiana assessor-appraisers (including administrative law judges employed by the Indiana board). (4) Other qualified individuals. (f) Each contract entered into under subsection (e) must specify the appointee's compensation and entitlement to reimbursement for expenses. The compensation and reimbursement for expenses are paid from the county property reassessment fund. (g) With respect to each petition for review filed under subsection (c), the special masters shall: (1) set a hearing date; (2) give notice of the hearing at least thirty (30) days before the hearing date, by mail, to: (A) the taxpayer; (B) the department of local government finance; (C) the township assessor (if any); and (D) the county assessor; (3) conduct a hearing and hear all evidence submitted under this section; and (4) make evidentiary findings and file a report with the Indiana board. (h) At the hearing under subsection (g): (1) the taxpayer shall present: (A) the taxpayer's evidence that the assessment or reassessment is incorrect; (B) the method by which the taxpayer contends the assessment or reassessment should be correctly determined; and (C) comparable sales, appraisals, or other pertinent information concerning valuation as required by the Indiana board; and (2) the department of local government finance shall present its evidence that the assessment or reassessment is correct. (i) The Indiana board may dismiss a petition for review filed under subsection (c) if the evidence and other information required under subsection (h)(1) is not provided at the hearing under subsection (g). (j) The township assessor (if any) and the county assessor may attend and participate in the hearing under subsection (g). (k) The Indiana board may: (1) consider the report of the special masters under subsection (g)(4); (2) make a final determination based on the findings of the special masters without: (A) conducting a hearing; or (B) any further proceedings; and (3) incorporate the findings of the special masters into the board's findings in resolution of the appeal. (l) The Indiana board may adopt rules under IC 4-22-2 to: (1) establish procedures to expedite: (A) the conduct of hearings under subsection (g); and (B) the issuance of determinations of appeals under subsection (k); and (2) establish deadlines: (A) for conducting hearings under subsection (g); and (B) for issuing determinations of appeals under subsection (k). (m) A determination by the Indiana board of an appeal under subsection (k) is subject to appeal to the tax court under IC 6-1.1-15. As added by P.L.228-2005, SEC.14. Amended by P.L.219-2007, SEC.15; P.L.146-2008, SEC.84; P.L.93-2024, SEC.46.

Ind. Code § 6-1.1-4-32 Repealed

As added by P.L.151-2001, SEC.2. Amended by P.L.90-2002, SEC.45; P.L.151-2002, SEC.2 and P.L.178-2002, SEC.8; P.L.235-2003, SEC.2; P.L.98-2004, SEC.69. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-34 Repealed

As added by P.L.235-2003, SEC.4. Amended by P.L.23-2004, SEC.4. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-35 Repealed

As added by P.L.1-2004, SEC.4; P.L.23-2004, SEC.5. Amended by P.L.88-2005, SEC.8. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-36 Repealed

As added by P.L.1-2004, SEC.5 and P.L.23-2004, SEC.6. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-37 Repealed

As added by P.L.1-2004, SEC.6 and P.L.23-2004, SEC.7. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-38 Repealed

As added by P.L.1-2004, SEC.7 and P.L.23-2004, SEC.8. Repealed by P.L.1-2007, SEC.248.

Ind. Code § 6-1.1-4-39 Assessment of rental property and mobile homes; low income rental housing exclusion; appraisal approach; burden of proof

Sec. 39. (a) For assessment dates after February 28, 2005, except as provided in subsections (c) and (e), the true tax value of real property regularly used to rent or otherwise furnish residential accommodations for periods of thirty (30) days or more and that has more than four (4) rental units is the lowest valuation determined by applying each of the following appraisal approaches: (1) Cost approach that includes an estimated reproduction or replacement cost of buildings and land improvements as of the date of valuation together with estimates of the losses in value that have taken place due to wear and tear, design and plan, or neighborhood influences. (2) Sales comparison approach, using data for generally comparable property. (3) Income capitalization approach, using an applicable capitalization method and appropriate capitalization rates that are developed and used in computations that lead to an indication of value commensurate with the risks for the subject property use. (b) The gross rent multiplier method is the preferred method of valuing: (1) real property that has at least one (1) and not more than four (4) rental units; and (2) mobile homes assessed under IC 6-1.1-7. (c) A township assessor (if any) or the county assessor is not required to appraise real property referred to in subsection (a) using the three (3) appraisal approaches listed in subsection (a) if the assessor and the taxpayer agree before notice of the assessment is given to the taxpayer under section 22 of this chapter to the determination of the true tax value of the property by the assessor using one (1) of those appraisal approaches. (d) To carry out this section, the department of local government finance may adopt rules for assessors to use in gathering and processing information for the application of the income capitalization method and the gross rent multiplier method. If a taxpayer wishes to have the income capitalization method or the gross rent multiplier method used in the initial formulation of the assessment of the taxpayer's property, the taxpayer must submit the necessary information to the assessor not later than the assessment date. However, the taxpayer is not prejudiced in any way and is not restricted in pursuing an appeal, if the data is not submitted by the assessment date. A taxpayer must verify under penalties for perjury any information provided to the township or county assessor for use in the application of either method. All information related to earnings, income, profits, losses, or expenditures that is provided to the assessor under this section is confidential under IC 6-1.1-35-9 to the same extent as information related to earnings, income, profits, losses, or expenditures of personal property is confidential under IC 6-1.1-35-9. (e) The true tax value of low income rental property (as defined in section 41 of this chapter) is not determined under subsection (a). The assessment method prescribed in section 41 of this chapter is the exclusive method for assessment of that property. This subsection does not impede any rights to appeal an assessment. (f) Notwithstanding IC 6-1.1-4-4.5, for assessment dates beginning after December 31, 2023, the county assessor or township assessor making the assessment shall perform an assessment of property qualifying under subsection (a) annually, and for each assessment year, perform a valuation of the property qualifying under subsection (a) using each of the appraisal approaches in subsection (a)(1) through (a)(3) and annually report to the taxpayer each of the values under those approaches as determined by the assessor on a form as prescribed under subsection (i). The assessor shall use the department cost schedules without additional modifiers, adjustments, or other trending factors beyond the location cost multiplier adjustments developed by the department for the cost schedules used under this section. The use of locally developed cost schedules, location cost multipliers, and market or trending adjustments is prohibited. (g) The county assessor or township assessor making the assessment of property qualifying under subsection (a) has the burden of proof to establish that the assessed value is the lowest value of those determined using the three (3) appraisal approaches performed by the county assessor or township assessor regardless of the percentage change in the assessed value. (h) Upon request of the taxpayer, the county assessor or township assessor making the assessment shall provide an explanation to the taxpayer concerning how the assessed value of the property was calculated. (i) The department shall prescribe a specific form for property qualifying under subsection (a). As added by P.L.1-2004, SEC.8 and P.L.23-2004, SEC.9. Amended by P.L.199-2005, SEC.3; P.L.146-2008, SEC.85; P.L.146-2012, SEC.2; P.L.111-2014, SEC.15; P.L.236-2023, SEC.18; P.L.156-2024, SEC.6.

Ind. Code § 6-1.1-4-39.5 Assessment of qualified real property

Sec. 39.5. (a) As used in this section, "qualified real property" means a riverboat (as defined in IC 4-33-2-17). (b) Except as provided in subsection (c), the true tax value of qualified real property is the lowest valuation determined by applying each of the following appraisal approaches: (1) Cost approach that includes an estimated reproduction or replacement cost of buildings and land improvements as of the date of valuation together with estimates of the losses in value that have taken place due to wear and tear, design and plan, or neighborhood influences using base prices determined under 50 IAC 2.3 and associated guidelines published by the department. (2) Sales comparison approach, using data for generally comparable property, excluding values attributable to licenses, fees, or personal property as determined under 50 IAC 4.2. (3) Income capitalization approach, using an applicable capitalization method and appropriate capitalization rates that are developed and used in computations that lead to an indication of value commensurate with the risks for the subject property use. (c) A township or county assessor is not required to appraise qualified real property using the three (3) appraisal approaches listed in subsection (b) if the township or county assessor and the taxpayer agree before notice of the assessment is given to the taxpayer under section 22 of this chapter to the determination of the true tax value of the property by the assessor using one (1) of those appraisal approaches. (d) To carry out this section, the department of local government finance may adopt rules for assessors to use in gathering and processing information for the application of the income capitalization method. A taxpayer must verify under penalties for perjury any information provided to the assessor for use in the application of the income capitalization method. As added by P.L.233-2007, SEC.22. Amended by P.L.146-2008, SEC.86.

Ind. Code § 6-1.1-4-40 Exclusion of federal income tax credits in the determination of the assessed value of low income housing tax credit property

Sec. 40. The value of federal income tax credits awarded under Section 42 of the Internal Revenue Code may not be considered in determining the assessed value of low income housing tax credit property. As added by P.L.81-2004, SEC.58.

Ind. Code § 6-1.1-4-41 Assessment of low income rental housing

Sec. 41. (a) For purposes of this section, "low income rental property" means real property used to provide low income housing eligible for federal income tax credits awarded under Section 42 of the Internal Revenue Code, including during the time period during which the property is subject to an extended low income housing commitment under Section 42(h)(6)(B) of the Internal Revenue Code. (b) For assessment dates after February 28, 2006, the true tax value of low income rental property is the greater of the true tax value: (1) determined using the income capitalization approach; or (2) that results in a gross annual tax liability equal to five percent (5%) of the total gross rent received from the rental of all units in the property for the most recent taxpayer fiscal year that ends before the assessment date. (c) For assessment dates after December 31, 2017, the total true tax value of low income rental property that offers or is used to provide Medicaid assisted living services is equal to the total true tax value that results in a gross annual tax liability equal to five percent (5%) of the total gross rent received from the rental of all living units in the property for the most recent taxpayer fiscal year that ends before the assessment date. The total true tax value shall not include the gross receipts from, or value of, any assisted living services provided. (d) The department of local government finance may adopt rules under IC 4-22-2 to implement this section. As added by P.L.199-2005, SEC.4. Amended by P.L.1-2006, SEC.132; P.L.255-2017, SEC.7.

Ind. Code § 6-1.1-4-42 True tax value of golf course real property determined using income capitalization; information provided by golf course owners; uniform income capitalization tables; department of local government finance administration

Sec. 42. (a) This section applies to assessment dates after January 15, 2010. (b) The following definitions apply throughout this section: (1) "Golf course" means an area of land predominately used to play the game of golf and associated yard improvements. A golf course consists of a series of holes, each consisting of a teeing area, fairway, rough and other hazards, and the green with the pin and cup. (2) "Yard improvements" include a clubhouse, irrigation systems, a pro shop, a maintenance building, a driving range, a structure for food and beverage services, or other buildings associated with the operation of and included in the net operating income of a golf course. (c) The true tax value of real property regularly used as a golf course is the valuation determined by applying the income capitalization appraisal approach. The income capitalization approach used to determine the true tax value of a golf course must: (1) incorporate an applicable income capitalization method and appropriate capitalization rates that are developed and used in computations that lead to an indication of value commensurate with the risks for the subject property use; (2) provide for the uniform and equal assessment of golf courses; and (3) exclude the value of personal property, intangible property, and income derived from personal or intangible property. (d) For assessment dates after January 15, 2010, and before March 1, 2012, a township assessor (if any) or the county assessor shall gather and process information from the owner of a golf course to carry out this section in accordance with the rules adopted by the department of local government finance under IC 4-22-2. (e) For assessment dates after February 28, 2012, the department of local government finance shall, by rules adopted under IC 4-22-2, establish uniform income capitalization rates annually and procedures to be used for the assessment of golf courses. The department of local government finance may rely on recognized sources of industry capitalization rates. Assessing officials shall use the procedures adopted by the department of local government finance to assess, reassess, and annually adjust the assessed value of golf courses. (f) The department of local government finance may prescribe procedures, forms, and due dates for the collection from the owners or operators of golf courses of the necessary earnings, income, profits, losses, and expenditures data necessary to carry out this section. An owner or operator of a golf course shall comply with the procedures and reporting schedules prescribed by the department of local government finance. (g) On or before December 31 of each year, assessing officials shall solicit, and the owners or operators of a golf course shall provide to the assessing officials, data for the gross income and allowable operating expenses for the three (3) years immediately preceding the year in which the solicitation and submission of data is being made. Assessing officials may use federal tax returns or other similar evidence as verification that the submissions are correct. (h) For each assessment date, assessing officials shall examine and evaluate the three (3) consecutive years of financial records and federal tax returns that are submitted under subsection (g) in the year immediately preceding the year of the assessment date to obtain the average net operating income. The three (3) year average should include the most current completed financial records and filed federal tax returns of the golf course as of the assessment date to ensure that the appropriate income and expense information for the subject property is used. (i) All income and expense information provided to the assessing official under this section is confidential under IC 6-1.1-35-9. As added by P.L.182-2009(ss), SEC.89. Amended by P.L.159-2020, SEC.7.

Ind. Code § 6-1.1-4-43 Repealed

As added by P.L.249-2015, SEC.8. Amended by P.L.149-2016, SEC.20. Repealed by P.L.204-2016, SEC.10.

Ind. Code § 6-1.1-4-43.5 Assessment of certain commercial property; cost approach; standard construction cost per square foot; separate account for purposes of a review

Sec. 43.5. (a) This section applies to a commercial property with a structure, or a portion thereof, that: (1) is at least one hundred thousand (100,000) square feet in area; (2) is used for retail purposes; (3) is occupied by a single retailer; and (4) is assessed for the first time after December 31, 2022. (b) This section does not apply to a property described in subsection (a) that: (1) was vacated by the original occupant for which the property was constructed; (2) was constructed more than five (5) years prior to the assessment date; or (3) was substantially and adversely impacted by a change in a roadway or traffic pattern. (c) If a single retailer leases or subleases small undivided portions of a structure, the structure shall still be considered occupied by a single retailer. (d) For assessment dates beginning after December 31, 2022, the true tax value of a commercial property subject to this section shall be determined by application of the cost approach. In applying the cost approach, estimates of depreciation and obsolescence shall not be based on data derived from the sales comparison or income capitalization approaches. The department of local government finance shall establish a standard construction cost per square foot for the purpose of applying the cost approach to commercial property subject to this section. The department shall update the standard construction cost per square foot annually. When requesting a review of an assessment under this section, a taxpayer may present an appraisal based on the cost approach as evidence that the taxpayer's actual construction cost was lower than the department's determined standard construction cost per square foot that was used to assess the property. Notwithstanding this section, the value of the land component may be determined based on the sales comparison approach. (e) If the entire commercial property is occupied by a single retailer as a single economic unit, the entire commercial property shall be valued under this section. If only a portion of the commercial property forms a single economic unit occupied by a single retailer, then only that portion of the commercial property shall be valued under this section. (f) Notwithstanding subsections (c), (d), and (e), the parties to any appeal filed under IC 6-1.1-15 may enter into a written agreement to stipulate to the true tax value of the property under appeal. (g) If a taxpayer files a notice under IC 6-1.1-15 requesting a review of the assessment of the taxpayer's commercial property that is subject to this section, the fiscal officer of the county may establish a separate account for purposes of the review. The fiscal officer shall deposit in the account the greater of the tax receipts that are attributable to: (1) the property tax assessment that is the subject of the review minus the tax receipts attributable to the property tax assessment in the immediately prior year; or (2) twenty-five percent (25%) of the tax receipts attributable to the property tax assessment that is the subject of the review. Money transferred to an account is not considered miscellaneous revenue. Both the taxing units and the department of local government finance shall disregard any balance in the account in the determination of the taxing units' property tax levy, property tax rate, and budget until the calendar year in which the money is released from the account. The fiscal officer of the county, following a final determination of the review, or final judgment on an appeal if the review is appealed, shall disburse the money deposited in the account in accordance with the final determination or final judgment. As added by P.L.54-2022, SEC.1.

Ind. Code § 6-1.1-4-44.5 Land classified as residential excess land; application of an influence factor to recognize reduced acreage value

Sec. 44.5. (a) This section applies to a real property assessment: (1) for the 2015 assessment date and assessment dates thereafter; and (2) that includes land classified as residential excess land. (b) A county assessor may apply throughout the county an influence factor to recognize the reduced acreage value of residential excess land. The influence factor may be applied on a per acre basis or based on acreage categories. The influence factor may not be used as an alternative to determining the value of farmland as provided in section 13 of this chapter. As added by P.L.249-2015, SEC.10.

Ind. Code § 6-1.1-4-45 Assessment of land on which an outdoor sign is located

Sec. 45. (a) This section applies to assessment dates after December 31, 2014. (b) As used in this section, "sign site" means the land beneath an outdoor sign that accommodates the outdoor sign display structure and foundation under a lease or a grant of an easement. (c) An outdoor sign, and any associated lease, easement, and income, shall be disregarded for the purpose of determining an assessment of the land on which the outdoor sign is located, if: (1) the sign site does not exceed the greater of: (A) one-fourth (1/4) of an acre; or (B) if the sign site exceeds one-fourth (1/4) of an acre, the area that is reasonably necessary to facilitate display of the outdoor sign; and (2) the subject matter of the outdoor sign relates to products, services, or activities that are sold, produced, or conducted at a location other than the land for which the assessment is being determined. As added by P.L.255-2017, SEC.8.

Ind. Code § 6-1.1-4-46 Assessment of self-service storage facility

Sec. 46. (a) This section applies to assessment dates after December 31, 2022. (b) As used in this section, "self-service storage facility" means any real property designed and used for the renting of space under a rental agreement that provides a renter access to rented space for the storage and retrieval of the renter's property. (c) The true tax value of a self-service storage facility must be determined based solely on the land and the improvements, less normal depreciation and normal obsolescence, and must exclude business intangible value. Business intangible value is any value of the self-service storage facility and related business operations in excess of the depreciated replacement cost of the improvements and the value of the land. (d) The true tax value of a self-service storage facility is the lowest valuation determined by applying each of the following appraisal approaches and excluding business intangible value: (1) Cost approach that includes an estimated reproduction or replacement cost of buildings and land improvements as of the date of valuation, together with estimates of the losses in value that have taken place due to wear and tear, design and plan, and other depreciation and obsolescence. (2) Sales comparison approach, using data for generally comparable property. (3) Income capitalization approach, using an applicable capitalization method and appropriate capitalization rates that are developed and used in computations that lead to an indication of value commensurate with the risks for the subject property use. As added by P.L.137-2022, SEC.12.

Ind. Code § 6-1.1-4-47 Community land trust assessed value

Sec. 47. (a) This section applies to assessment dates occurring after December 31, 2025. (b) As used in this section, "affordability restrictions" means restrictions set forth in a ground lease concerning the future sale or transfer of the community land trust improvement owned by a qualified owner that are intended to maintain the continued affordability of the community land trust improvement, including at least the following: (1) The community land trust improvement may only be sold to another qualified owner who intends to: (A) use the community land trust improvement as the qualified owner's primary place of residence; and (B) enter into a ground lease with the community land trust. (2) A formula to be used to calculate the sale or transfer price that preserves the continued affordability of the community land trust improvement. (3) A purchase option for the community land trust intended to preserve the continued affordability of the community land trust improvement. (4) The maximum amount for which the community land trust improvement located on the community land trust land may be sold or transferred. (c) As used in this section, "community land trust" means a nonprofit corporation that meets the following requirements: (1) The nonprofit corporation is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (2) A primary purpose of the nonprofit corporation is the creation and maintenance of permanently affordable single family or multi-family residences. (3) The nonprofit corporation leases community land trust land on which a community land trust improvement is located to a qualified owner under a ground lease that provides for the qualified owner's use of the community land trust improvement as the qualified owner's primary place of residence. (d) As used in this section, "community land trust improvement" means a dwelling unit and associated improvements located on community land trust land that is occupied by a qualified owner as the qualified owner's primary place of residence according to the terms of a ground lease. (e) As used in this section, "community land trust land" means land owned by a community land trust for the purposes described in subsection (c)(2) and (c)(3). (f) As used in this section, "ground lease" means a lease entered into between a community land trust and a qualified owner that allows the qualified owner to occupy a community land trust improvement located on community land trust land and includes at least the following: (1) Affordability restrictions. (2) Restrictions for resale or transfer of the community land trust improvement. (3) A provision stating that the community land trust retains an interest in the community land trust land. (4) The initial appraised value of the community land trust improvement at the time the lease is entered into or at the time otherwise specified. (5) The monthly fee that the qualified owner must pay to the community land trust for use of the community land trust land. (6) A term of ninety-nine (99) years that may be renewed. (g) As used in this section, "qualified owner" means an individual who is a member of a household with annual household income that is not more than eighty percent (80%) of the median household income in the community land trust land's surrounding area, as determined according to the median household income amounts published by the United States Department of Housing and Urban Development at the time the ground lease is entered into. (h) The assessed value of the land held by a community land trust in an assessment year is equal to the assessed value of the land at the time land was acquired by the community land trust. (i) For purposes of making a reassessment of a community land trust improvement under section 4.2 of this chapter or an annual adjustment under section 4.5 of this chapter, the assessed value of a community land trust improvement after the initial assessment under this section may not exceed the maximum amount for which the community land trust improvement may be sold or transferred as set forth in the affordability restrictions of the ground lease to which the community land trust improvement is subject. As added by P.L.230-2025, SEC.21.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/6Fetched: 10/17/2026

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