# Tree-Root Sidewalk Damage in Indianapolis, IN: Who Pays? | Who Pays the Repair?

> In Indianapolis the abutting owner repairs the adjacent sidewalk on notice, with no tree-root carve-out, so root damage is the owner’s too.

**Who pays:** owner

Indianapolis: the abutting owner repairs the adjacent sidewalk on notice, with no tree-root carve-out, so root damage is the owner’s too.

**Boundary:** Under Indiana Code § 36-9-36-17 the works board may require abutting owners to construct or repair their own sidewalks (30-day notice), and if the owner fails the board repairs and assesses the cost (Barrett Law). The Indianapolis-Marion County Revised Code § 431-506 holds abutting owners accountable for the safety and preservation of the adjacent public way. No tree-root carve-out exists, so the owner pays regardless of cause.

**Property owner:** Construct or repair the adjacent sidewalk on the works board’s notice (IC 36-9-36-17); keep the abutting public way safe and preserved (§ 431-506).

**City / agency:** On owner failure the works board repairs and assesses the cost against the abutting property (Barrett Law).

## Sources
- [Indiana Code § 36-9-36-17 (works board may require owner to construct/repair sidewalk; assess on failure)](https://law.justia.com/codes/indiana/title-36/article-9/chapter-36/section-36-9-36-17/) — "Sec. 17. (a) The works board may require the owners of abutting property to construct or repair the owners' own sidewalks or curbs... (c) A property owner has thirty (30) days from the date of the notice to construct the sidewalks or curbs or make the repairs as required by the notice. (d) If a property owner fails to comply with the order, the works board may have the sidewalk or curb constructed or repaired by an independent contractor." (accessed 2026-09-09)
- [Indianapolis-Marion County Revised Code § 431-506 (owner accountable for abutting public way)](https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH431STSIPUWA_ARTVDUADOW_S431-506GEDUPEOWCOABPR) — "Any owner or person controlling premises abutting or adjoining a public way shall be accountable to the city for any conduct thereon which may injuriously and unnecessarily affect the cleanliness of the public way, the safety thereof, the freedom for public travel thereover and the preservation of the pavement and other portions thereof." (accessed 2026-09-09)

_Last verified 2026-09-09. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/indianapolis-in-tree-roots/ — every claim checked against a primary source before publication (see /methodology/)._