reglab/housing_qa huggingface dataset:
IN Code § 32-30-6-9 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 6. Nuisance Actions|32-30-6-9. Agricultural and Industrial Operations; Findings; Continuity of Operations; Circumstances in Which Nuisance Does Not Exist

Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances.(b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of this section to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.(c) For purposes of this section, the continuity of an agricultural or industrial operation shall be considered to have been interrupted when the operation has been discontinued for more than one (1) year.(d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist:(1) There is no significant change in the type of operation. A significant change in the type of agricultural operation does not include the following:(A) The conversion from one type of agricultural operation to another type of agricultural operation.(B) A change in the ownership or size of the agricultural operation.(C) The:(i) enrollment; or(ii) reduction or cessation of participation;of the agricultural operation in a government program.(D) Adoption of new technology by the agricultural operation.(2) The operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.[Pre-2002 Recodification Citation: 34-19-1-4.]As added by P.L.2-2002, SEC.15. Amended by P.L.23-2005, SEC.1.
IN Code § 32-30-6-9.5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 6. Nuisance Actions|32-30-6-9.5. Frivolous Nuisance Actions; Court Costs; Attorney Fees

Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action:(1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney's fees, to the defendant in the action; or(2) was a nuisance under this chapter and that the defense of the nuisance action was frivolous, the court shall award court costs, including reasonable attorney's fees, to the plaintiff in the action.(b) Reasonable attorney's fees under subsection (a):(1) shall be calculated based on the reasonable and customary hourly rates charged in the county in which the action occurred; and(2) may include fees for only one (1) attorney, no matter how many attorneys were actually employed by the party.(c) The determination that an action was initiated or maintained frivolously may not be based on the mere fact that a party did not prevail.As added by P.L.73-2012, SEC.1.
IN Code § 32-30-6-10 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 6. Nuisance Actions|32-30-6-10. Public Use Airport Operation; Purpose; Circumstances in Which Nuisance Does Not Exist; Negligent Operations

Sec. 10. (a) This section does not apply if a nuisance results from the negligent operation of a public use airport operation or the operation's appurtenances.(b) It is the purpose of this section to limit the circumstances under which a public use airport operation may be a nuisance in order to reduce the potential for the state to lose the benefits to the state's air transportation system that are provided by public use airports.(c) A public use airport operation or any of the operation's appurtenances may not become a private or public nuisance by any changed condition in the vicinity of the locality that occurs after the public use airport operation operates continuously on the locality for more than one (1) year if the following conditions are met:(1) The public use airport operation was not a nuisance at the time when the operation began operating at that locality.(2) The public use airport operation is operated in accordance with the rules of the Indiana department of transportation, aeronautics section.(3) There is no significant change in the hours of operation of the public use airport operation.[Pre-2002 Recodification Citation: 34-19-1-5.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-6-11 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 6. Nuisance Actions|32-30-6-11. Continuous Forestry Operation; Circumstances Under Which Forestry Operation Not a Nuisance

Sec. 11. (a) This section does not apply if a nuisance results from the negligent operation of a forestry operation.(b) For purposes of subsection (d), a forestry operation is considered to be in continuous operation if the locality supports an actual or a developing timber crop.(c) A forestry operation that:(1) existed before a change in the land use or occupancy of land within one (1) mile of the boundaries of the locality; and(2) would not have been a nuisance before the change in land use or occupancy;is not a private or public nuisance.(d) A forestry operation that conforms to generally accepted forestry management practices and that has been in continuous operation is not a private or public nuisance as a result of any of the following:(1) A change in the ownership or size of the forestry operation.(2) Enrollment in a government forestry conservation program.(3) Use of new forestry technology.(4) A visual change due to removal of timber or vegetation.(5) Normal noise from forestry equipment.(6) Removal of timber or vegetation from a forest adjoining the locality.(7) The proper application of pesticides and fertilizers.As added by P.L.82-2005, SEC.5.
IN Code § 32-30-7-1 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-1. "Indecent Nuisance"

Sec. 1. As used in this chapter, "indecent nuisance" means a:(1) place in or upon which prostitution (as described in IC 35-45-4);(2) public place in or upon which other sexual conduct (as defined in IC 35-31.5-2-221.5) or sexual intercourse (as defined in IC 35-31.5-2-302);(3) public place in or upon which the fondling of the genitals of a person; or(4) public place in or upon which human trafficking (as described in IC 35-42-3.5-1 through IC 35-42-3.5-1.4);is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.[Pre-2002 Recodification Citation: 34-6-2-66.]As added by P.L.2-2002, SEC.15. Amended by P.L.114-2012, SEC.54; P.L.158-2013, SEC.333; P.L.237-2015, SEC.4; P.L.144-2018, SEC.8.
IN Code § 32-30-7-2 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-2. "Person"

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 35-31.5-2-234.[Pre-2002 Recodification Citation: 34-6-2-103.]As added by P.L.2-2002, SEC.15. Amended by P.L.114-2012, SEC.55.
IN Code § 32-30-7-3 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-3. "Place"

Sec. 3. As used in this chapter, "place" includes any part of a building or structure or the ground.[Pre-2002 Recodification Citation: 34-6-2-107.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-4 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-4. "Prosecuting Official"

Sec. 4. As used in this chapter, "prosecuting official" refers to public officials who have concurrent jurisdiction to enforce this chapter, including:(1) the attorney general;(2) the prosecuting attorney of the circuit in which an indecent nuisance exists;(3) the corporation counsel or city attorney of the city (if any) in which an indecent nuisance exists; or(4) an attorney representing the county in which an indecent nuisance exists.[Pre-2002 Recodification Citation: 34-6-2-121.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-5 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-5. "Public Place"

Sec. 5. As used in this chapter, "public place" means any place to which the public is invited by special or an implied invitation.[Pre-2002 Recodification Citation: 34-6-2-125.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-6 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-6. Persons Guilty of Maintaining an Indecent Nuisance

Sec. 6. The following are guilty of maintaining an indecent nuisance and may be enjoined from maintaining the indecent nuisance under this chapter:(1) A person who uses, occupies, establishes, maintains, or conducts an indecent nuisance.(2) The owner, agent, or lessee of any interest in an indecent nuisance.(3) A person employed in an indecent nuisance.[Pre-2002 Recodification Citation: 34-19-2-1.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-7 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-7. Action by Prosecuting Official; Actions by Other Persons

Sec. 7. (a) If an indecent nuisance exists, a prosecuting official or any resident of the county in which the indecent nuisance exists may bring an action to abate the indecent nuisance and to perpetually enjoin the maintenance of the indecent nuisance.(b) If a person other than a prosecuting official institutes an action under this chapter, the complainant shall execute a bond to the person against whom complaint is made, with good and sufficient surety to be approved by the court or clerk in a sum of at least one thousand dollars ($1,000) to secure to the party enjoined the damages the party may sustain if:(1) the action is wrongfully brought;(2) the action is not prosecuted to final judgment;(3) the action is dismissed;(4) the action is not maintained; or(5) it is finally decided that the injunction ought not to have been granted.The party aggrieved by the issuance of the injunction has recourse against the bond for all damages suffered, including damages to the aggrieved party's property, person, or character and including reasonable attorney's fees incurred in defending the action.(c) A person who institutes an action and executes a bond may recover the bond and reasonable attorney's fees incurred in trying the action if the existence of an indecent nuisance is admitted or established in an action as provided in this chapter.(d) If a prosecuting official institutes an action under this chapter (or IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence of an indecent nuisance is admitted or established in the action, the governmental entity that employs the prosecuting official is entitled to all reasonable attorney's fees incurred by the entity in instituting the action. The fees shall be deposited in:(1) the state general fund, if the action is instituted by the attorney general;(2) the operating budget of the office of the prosecuting attorney, if the action is instituted by a prosecuting attorney;(3) the operating budget of the office of the corporation counsel or city attorney, if the action is instituted by a corporation counsel or city attorney; or(4) the county general fund, if the action is instituted by an attorney representing the county.[Pre-2002 Recodification Citation: 34-19-2-2.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-8 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-8. Venue

Sec. 8. An indecent nuisance action must be brought in the circuit or superior court of the county in which the alleged indecent nuisance is located. The action is commenced by filing a verified complaint alleging the facts constituting the indecent nuisance.[Pre-2002 Recodification Citation: 34-19-2-3.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-9 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-9. Preliminary Injunction; Hearing; Restraining Order; Service

Sec. 9. (a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.(b) If an application for a preliminary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the indecent nuisance is alleged to exist until the decision of the court granting or refusing a preliminary injunction and until further order of the court. However, pending the court's decision, the stock in trade may not be restrained, but an inventory and full accounting of business transactions after the restraining order may be required.(c) A restraining order issued under subsection (b) may be served by:(1) handing to and leaving a copy of the order with a person who is:(A) in charge of the place; or(B) a resident of the place; or(2) posting a copy of the order in a conspicuous place at or upon at least one (1) of the principal doors or entrances to the place.(d) The officer serving a restraining order issued under subsection (b) shall immediately make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining alleged the indecent nuisance.(e) Violation of a restraining order served under subsection (c) (or IC 34-1-52.5-4 or IC 34-19-2-4 before their repeal) is a contempt of court.(f) If a restraining order is posted under subsection (c)(2), mutilation or removal of the order while it is in force is a contempt of court if the order contains a notice stating that mutilating or removing the order while it is in force is a contempt of court.[Pre-2002 Recodification Citation: 34-19-2-4.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-10 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-10. Complaint; Notice; Hearing; Service

Sec. 10. (a) In an action under this chapter:(1) a copy of the complaint; and(2) a notice of the time and place of the hearing on the application for a preliminary injunction, if the complainant has applied for a preliminary injunction under section 9(a) of this chapter;shall be served upon the defendant at least five (5) days before the hearing.(b) The owners of the place where the alleged indecent nuisance is located may be served by posting the papers in the manner prescribed by section 9(c) of this chapter for serving a restraining order.(c) If a defendant:(1) is granted a request for continuance; or(2) moves for a change of venue or a change of judge;the preliminary writ shall be granted as a matter of course.[Pre-2002 Recodification Citation: 34-19-2-5.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-11 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-11. Consolidation of Trial on Merits and Hearing on Request for Preliminary Injunction

Sec. 11. (a) If the complainant has applied for a preliminary injunction under section 9(a) of this chapter, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing on the application for the preliminary injunction:(1) before or after the commencement of the hearing on an application for a preliminary injunction; and(2) upon:(A) application of either of the parties; or(B) the court's own motion.(b) Any evidence received upon an application for a preliminary injunction that is admissible in the trial on the merits becomes a part of the record of the trial and does not need to be repeated as to the parties at the trial on the merits.[Pre-2002 Recodification Citation: 34-19-2-6.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-12 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-12. Preliminary Injunction; Burden of Proof; Temporary Forfeiture; Closure Pending Final Decision on Permanent Injunction

Sec. 12. (a) If the plaintiff has applied for a preliminary injunction under section 9(a) of this chapter and, at the preliminary injunction hearing, the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall issue a preliminary injunction, without additional bond, restraining the defendant and any other person from continuing the indecent nuisance.(b) If a defendant is enjoined under subsection (a) and it appears that the person owning, in control of, or in charge of the indecent nuisance received five (5) days notice of the hearing, the court shall:(1) declare a temporary forfeiture of the use of the real property upon which the indecent nuisance is located and the personal property located at the site; and(2) immediately issue an order closing the place against its use for any purpose until a final decision is rendered on the application for a permanent injunction;unless the person owning, in control of, or in charge of the indecent nuisance shows to the satisfaction of the court, by competent and admissible evidence subject to cross-examination, that the indecent nuisance complained of has been abated by the person.[Pre-2002 Recodification Citation: 34-19-2-7.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-13 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-13. Effect of Preliminary Injunction; Restraining Orders

Sec. 13. An order issued under section 12(b)(2) of this chapter closing a place continues in effect while the restraining order issued under section 9(b) of this chapter is in effect. If a restraining order has not been issued under section 9(b) of this chapter, the order closing the place under section 12(b)(2) of this chapter must include an order restraining the removal or interference with the personal property and contents.[Pre-2002 Recodification Citation: 34-19-2-8.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-14 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-14. Restraining Orders; Service; Inventory

Sec. 14. If a restraining order is issued under section 9(b) or 13 of this chapter:(1) the restraining order shall be served under section 9(c) of this chapter; and(2) the inventory of the property shall be made and filed as provided in section 9(d) of this chapter.[Pre-2002 Recodification Citation: 34-19-2-9.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-15 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-15. Owner of Real Property; Payment of Costs; Surety; Abatement of Indecent Nuisance; Showing Good Faith; Discharge of Preliminary Injunction

Sec. 15. (a) The owner of real property that has been closed or is to be closed under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and do the following:(1) Pay all costs incurred.(2) File a bond with sureties to be approved by the court:(A) in the full value of the property to be ascertained by the court; and(B) conditioned upon the owner immediately abating the indecent nuisance and preventing the indecent nuisance from being established or kept until the decision of the court is rendered on the application for a permanent injunction.(b) If the defendant complies with subsection (a) and the court is satisfied:(1) of the good faith of the owner of the real property; and(2) that the owner did not know and, with reasonable care and diligence, could not have known that the real property was used as an indecent nuisance;the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing an order closing the real property or restraining the removal or interference with the personal property. If a preliminary injunction has already been issued, the court shall discharge the order and deliver the property to the owners.[Pre-2002 Recodification Citation: 34-19-2-10.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-16 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-16. Owner of Personal Property; Petition for Release of Property; Good Faith; Discharge of Preliminary Injunction

Sec. 16. The owner of the personal property that has been restrained or is to be restrained under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and petition the court to release the personal property. If the court is satisfied that the owner:(1) has acted in good faith; and(2) did not know and, with reasonable care and diligence, could not have known that the personal property was used as an indecent nuisance;the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing any order restraining the removal or interference with the personal property. If the preliminary injunction has been issued, the court shall discharge the order and deliver the property to the owner.[Pre-2002 Recodification Citation: 34-19-2-11.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-17 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-17. Release of Property; Liens

Sec. 17. The release of any real or personal property under section 15 or 16 of this chapter does not release the property from any judgment, lien, penalty, or liability to which it is subject.[Pre-2002 Recodification Citation: 34-19-2-12.]As added by P.L.2-2002, SEC.15.
IN Code § 32-30-7-18 (2021)
2021 Indiana Code|Title 32. Property|Article 30. Causes of Action Concerning Real Property|Chapter 7. Actions for Indecent Nuisances|32-30-7-18. Precedence of Indecent Nuisance Action

Sec. 18. An indecent nuisance action under this chapter shall be set down for trial without delay and takes precedence over all other cases except crimes, election contests, or injunctions.[Pre-2002 Recodification Citation: 34-19-2-13.]As added by P.L.2-2002, SEC.15.