1. (a) If a person who encloses previously unenclosed property refuses to pay the owner of an existing fence under section 15 of this chapter, the owner may file a civil action for recovery of the amount due under section 15 of this chapter.

2. (b) This subsection applies if, before a trial under subsection (a):

   1. (1) the person who encloses the previously unenclosed property offers to the owner of an existing fence; and

   2. (2) the owner of the existing fence refuses to accept;

      an amount equal to or larger than the damages awarded at the trial and the costs accrued up to the date of the offer. The owner of the existing fence shall pay the costs of the action and receive only the damages assessed.

      [Pre-2002 Recodification Citation: 32-10-2-16.]

As added by P.L.2-2002, SEC.11.