Indiana Code
Ind. Code § 32-35-2-35 (2026)
Assessment of value of property and damages
✓ current as of May 2026
Sec. 35. In actions for the recovery of specific personal property, the jury must assess:
(1) the value of the property; and
(2) the damages for the taking or detention of the property;
when the jury's verdict results in a judgment for the recovery or return of the property.
[Pre-2002 Recodification Citation: 34-21-10-1.]
As added by P.L.2-2002, SEC.20.
IC 32-36ARTICLE 36. PUBLICITY
Ch. 1.Rights of Publicity
IC 32-36-1Chapter 1. Rights of Publicity
32-36-1-0.2Application of certain amendments to prior law
32-36-1-1Application of chapter
32-36-1-2"Commercial purpose" defined
32-36-1-3"Name" defined
32-36-1-4"News reporting or an entertainment medium"
defined
32-36-1-5"Person" defined
32-36-1-6"Personality" defined
32-36-1-7"Right of publicity" defined
32-36-1-8Consent required for commercial use of a
personality's right of publicity; application to the
rights of a deceased personality
32-36-1-9Jurisdictional acts
32-36-1-10Damages
32-36-1-11Profits derived from unauthorized use; proof
32-36-1-12Additional remedies
32-36-1-13Injunctive relief; enforceability against news
reporting or entertainment medium
32-36-1-14Impoundment of materials pending resolution of
action
32-36-1-15Destruction or other disposition of offending
materials
32-36-1-16Property rights
32-36-1-17Exercise and enforcement of rights and remedies
32-36-1-18Exercise and enforcement of rights and remedies
following death of intestate personality; fractional
interests
32-36-1-19Termination of untransferred rights following
personality's death
32-36-1-20Rights and remedies supplemental to others
provided by law
Notes of Decisions
Cited in 1
case, 2013–2013 · leading case: John P. Schaub v. The Est. of Edward G. Schaub & David Schaub, Pers. Rep. (Ind. Ct. App. 2013).
John P. Schaub v. The Est. of Edward G. Schaub & David Schaub, Pers. Rep. (Ind. Ct. App. 2013). “171 with effective dates through May 7, 2013) 5 (assigning to the fact-finder the task of assessing the damages for the detention of the property). As John aptly points out, a replevin action is premised upon the fact that possession of the personal property in question was…”
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