Public Improvement Assessments; Expiration of Liens

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Sec. 3. (a) Except as provided in subsection (b), the lien of an assessment for a:

(1) street;

(2) sewer;

(3) sidewalk;

(4) ditch; or

(5) other public improvement;

expires five (5) years after the assessment (including any installment payments) is due and payable, as shown by the record creating the lien.

(b) If an assessment is payable in installments, an action to enforce the lien may be brought within fifteen (15) years after the date of the approval of the record creating the lien. After the expiration of this time period, upon the request of the owner of record of the encumbered real estate, the custodian of the record evidencing the lien, in the jurisdiction in which the real estate is situated, shall certify on the record that the lien of the assessment for street, sewer, sidewalk, ditch, or other public improvement is satisfied and released by lapse of time and that the encumbered real estate is released from the lien.

[Pre-2002 Recodification Citation: 32-8-7-3.]

As added by P.L.2-2002, SEC.13.


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