Taking Immediate Custody of Property; Exception for Vehicle or Boat Used as Defendant's Dwelling

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Sec. 29. (a) Upon serving on the defendant a copy of the order of possession under section 28 of this chapter, the executing officer, except as provided in subsection (b), shall immediately take the property into custody if the property is in the possession or control of the defendant or the defendant's agent.

(b) If the property is a housetrailer, recreational vehicle, motor or mobile home, or boat and is being used as the principal dwelling of a defendant, at the expiration of forty-eight (48) hours after the order of possession is served, the officer shall immediately remove the property's occupants and take the property into custody.

[Pre-2002 Recodification Citation: 34-21-8-1.]

As added by P.L.2-2002, SEC.20.


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