MISCELLANEOUS LAWS
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(1) replevin;
(2) foreclosure; or
(3) another appropriate remedy;
to which the state may answer in forfeiture within
the appropriate statutory period. The court shall
promptly set the matter for a hearing, and in the
case of replevin or foreclosure, the court shall
set the hearing as provided by the applicable statu-
tory provisions.
34-24-2-5. Recovery by secured party;
appraised value
(a) If a person holding a valid lien, mortgage,
security interest, or interest under a conditional
sales contract did not know the property was the
object of corrupt business influence or conduct
described in section 2(b) of this chapter, the court
shall determine whether the secured interest is
equal to or in excess of the appraised value of the
property.
(b) Appraised value is to be determined as of
the date of judgment on a wholesale basis by:
(1) agreement between the secured party
and the prosecuting attorney; or
(2) the inheritance tax appraiser for the
county in which the action is brought.
(c) If the amount due to the secured party is
equal to or greater than the appraised value of the
property, the court shall order the property released
to the secured party.
(d) If the amount due the secured party is less
than the appraised value of the property, the holder
of the interest may pay into the court an amount
equal to the owner's equity, which shall be the dif-
ference between the appraised value and the
amount of the lien, mortgage, security interest, or
interest under a conditional sales contract. Upon
payment, the state or unit, or both, shall relinquish
all claims to the property.
34-24-2-6. Action by aggrieved person;
injunction; civil action; jury trial;
action by attorney general, inspec-
tor general or prosecutor.
(a) An aggrieved person may, in addition to
proceeding under section 4 of this chapter, bring
an action for injunctive relief from corrupt busi-
ness influence in a circuit or superior court in the
county of the aggrieved person's residence, or in
a county where any of the affected property or the
affected enterprise is located. If the court finds,
through a preponderance of the evidence, that the
aggrieved person is suffering from corrupt busi-
ness influence, the court shall make an appropri-
ate order for injunctive relief. This order must be
made in accordance with the principles that gov-
ern the granting of injunctive relief from threat-
ened loss or damage in other civil cases, except
that a showing of special or irreparable damage to
the aggrieved person is not required. The court
may order injunctive relief only after the execu-
tion of a bond by the aggrieved person for an
injunction improvidently granted, in an amount
established by the court. In addition, the court
may order a temporary restraining order or a pre-
liminary injunction, but only after a showing of
immediate danger of significant loss or damage to
the aggrieved person.
(b) An aggrieved person may bring an action
against a person who has violated IC 35-45-6-2 in
a circuit or superior court in the county of the
aggrieved person's residence, or in a county where
any of the affected property or the affected enter-
prise is located, for damages suffered as a result
of corrupt business influence. Upon a showing by
a preponderance of the evidence that the aggrieved
person has been damaged by corrupt business
influence, the court shall order the person causing
the damage through a violation of IC 35-45-6-2 to
pay to the aggrieved person:
(1) an amount equal to three (3) times the
person's actual damages;
(2) the costs of the action;
(3) a reasonable attorney's fee; and
(4) any punitive damages awarded by the
court and allowable under law.
(c) The defendant and the aggrieved person are
entitled to a trial by jury in an action brought
under this section (or IC 34-4-30.5-5 before its
repeal).
(d) In addition to any rights provided under
section 4 of this chapter, an aggrieved person has
a right or claim to forfeited property or to the
proceeds derived from forfeited property superior
to any right or claim the state has in the same prop-
erty or proceeds.
