Cal. Civ. Code § 410-38-3-4
Contaminated property in the possession of a county
Operative Text
Sec. 4. (a) A county may take possession of a contaminated property in accordance with IC 6-1.1-25-4.1 without complying with this rule, unless that property is, or will be, occupied while in the possession of the county. (b) A county may transfer a contaminated property in accordance with IC 6-1.1-25-4.1 without complying with this rule if the county notifies the person who receives the tax deed to the property that the property is a contaminated property. The person who receives the tax deed to a contaminated property under IC 6-1.1-25-4.1 must comply with this rule.
Under 410 IAC 38 § 410-38-3-4, Indiana counties are generally exempt from the contaminated-property compliance rules when taking possession of or transferring a contaminated property through the tax deed process under IC 6-1.1-25-4.1, but that exemption has limits. If the property is or will be occupied while the county holds it, the county must comply with the full rule. When a county transfers such a property, it must notify the tax deed recipient that the property is contaminated, and from that point forward the new owner bears the obligation to comply with 410 IAC 38.
Plain English — not legal advice.
Property owners or investors who receive a tax deed to a contaminated property from a county under IC 6-1.1-25-4.1 should be aware that 410 IAC 38 § 410-38-3-4 places the full burden of compliance with Indiana's contaminated-property rules squarely on them from the moment of transfer. A compliant operator in this position typically documents the county's contamination notice, reviews all applicable requirements under 410 IAC 38, and ensures that any occupancy or remediation activities meet those standards. Operators who manage county-owned properties that are occupied while in county possession should also confirm that the county is meeting its own compliance obligations under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 410 IAC 38 § 410-38-3-4, if a property is occupied while in county possession, the county is not exempt from the contaminated-property rules, which means tenants or occupants of such properties retain the protections those rules provide. If a tenant believes a county-owned or recently transferred contaminated property is being occupied without proper compliance, they may raise that concern as a potential violation of 410 IAC 38. Tenant-rights organizations or the Indiana State Department of Health can be general starting points for understanding what remedies or complaint processes may be available in this context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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