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As communities across northwest and central Indiana work to rebuild following recent flooding, two state laws can help Hoosiers obtain property tax relief through reassessments, according to attorneys with Faegre Drinker.
The firm urges property owners to act soon to document damage and start the reassessment process.
The General Disaster Statute, described in Indiana Code § 6-1.1-4-11, offers a broad reassessment method that can be applied to property in a township that’s been physically destroyed by a disaster.
Under the statute, the owners of both real and business personal property can file a petition, Form 137R (State Form 17592), with the county assessor, who will schedule a survey of the destroyed property and order a reassessment.
Information like when the disaster occurred and what type of disaster destroyed the property must be included. The petition, reassessment order and tax adjustment order also have filing deadlines under the statute. For the August 2026 flooding, the petitions and orders must be made before Dec. 31, 2027, as next year’s property taxes, which will be due in May and November, are the first taxes that would be affected by the county assessor’s reassessment.
The petition form recommends filing within 12 months of the disaster, which gives the assessor enough time to survey the damage and complete the reassessment.
The General Disaster Statute allows the assessor to adjust the property’s value downward based on its new physical status and lost utility as of the date of the disaster, according to the Faegre Drinker report, which was written by attorneys Brent Auberry, Benjamin Blair, Abraham Benson and David Suess.
The state’s Flood-Specific Statute, found in Indiana Code § 6-1.1-4-11.5, provides a reassessment method targeting permanently flooded real property. To apply the statute, one or more parcels of property in a county must be permanently flooded or the access over land be permanently flooded. The statute only applies to real property not being used for agricultural purposes. It doesn’t cover business personal property.
The owner of the property can file a petition to the county assessor for reassessment. Just like with the General Disaster Statute, the assessor will order a survey of the parcels. If they meet the statutory requirements, the assessor will then order a reassessment.
For August 2026 flooding, property owners must file petitions by Dec. 31. Because the flooding fell between this year’s two property tax due dates (May 10 and November 10), only the second tax installment will be reduced based on the lower assessed value, according to attorneys.
Property owners must file Form 137PF (State Form 53950) for relief.
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