Sec. 23. A land bank may not be held liable for damages or subjected to equitable remedies for:

(1) breach of a common law duty;

Terms Used In Indiana Code 36-7-38-23

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) a violation of Indiana law; or

(3) a violation of any order, permit, license, variance, or plan approval;

concerning environmental damage to, or attributable to, a tract or item of real property held by the land bank.

As added by P.L.211-2016, SEC.1.