Sec. 12. (a) A farmer has a right of action against a seed supplier if the seed supplier or an agent of the seed supplier enters real property owned or occupied by the farmer in violation of section 10 of this chapter.

     (b) If a farmer prevails in an action filed under this section, the farmer is entitled to recover from the seed supplier all the following:

Terms Used In Indiana Code 15-15-7-12

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • farmer: refers to a person who is engaged in commercial farming and who plants seed in Indiana under a seed contract to grow a commercial crop. See Indiana Code 15-15-7-3
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • seed: refers to agricultural seed (as defined in IC 15-15-1-2) or vegetable seed (as defined in IC 15-15-1-24) used to grow a commercial agricultural or a commercial vegetable crop. See Indiana Code 15-15-7-5
  • seed supplier: refers to a person engaged in commercial production or supply of either of the following:

    Indiana Code 15-15-7-7

(1) Any actual damages proven by the farmer resulting from the seed supplier’s violation of section 10 of this chapter.

(2) The farmer’s reasonable attorney‘s fees and other litigation costs reasonably incurred in connection with the action.

[Pre-2008 Recodification Citation: 15-4-13-13.]

As added by P.L.2-2008, SEC.6.

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