reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-5. Failure to Pay Value of Improvements; Possession by Defendant; Payments to Plaintiff

Sec. 5. If a plaintiff fails to pay the defendant the value of the improvements to the real property established under section 4 of this chapter after a reasonable time fixed by the court, the defendant may take the property after paying the plaintiff the appraised value of the property, minus the value of the improvements.
[Pre-2002 Recodification Citation: 32-15-3-5.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-6. Tenants in Common; Failure of Plaintiff and Defendant to Make Required Payments

Sec. 6. If the plaintiff does not pay the defendant the appraised value of the improvements to the real property under section 4 of this chapter and the defendant does not pay the plaintiff the appraised value of the real property under section 5 of this chapter within the time fixed by the court, the parties will be held to be tenants in common of all the real property, including the improvements, each holding an interest proportionate to the value of the party's property as determined under section 5 of this chapter.
[Pre-2002 Recodification Citation: 32-15-3-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-7. Good Faith Purchaser

Sec. 7. Except when the purchaser knows at the time of the sale that the seller lacks authority to sell the property, a purchaser who in good faith, at a judicial or tax sale, purchases property that is sold by the proper person or officer has color of title within the meaning of this chapter, whether or not the person or officer had sufficient authority to sell the property. The rights of the purchaser acquired under this section pass to the purchaser's assignees or representatives.
[Pre-2002 Recodification Citation: 32-15-3-7.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-8. Occupant's Color of Title; Requirements

Sec. 8. An occupant of real property has color of title within the meaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from the records of any public office; or
(2) holds the property by purchase or descent from a person claiming title derived from public records or by a properly recorded deed.
[Pre-2002 Recodification Citation: 32-15-3-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-9. Recovery for Lasting Improvements

Sec. 9. (a) A claimant occupying real property who has color of title may recover the value of lasting improvements to the real property made by the party under whom the claimant claims, as well as those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an agreement in writing from the party having color of title, is entitled to the remedy set forth in subsection (a).
[Pre-2002 Recodification Citation: 32-15-3-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-10. Execution for Possession

Sec. 10. A plaintiff in an action for possession of real property to which this chapter applies is entitled to an execution for the possession of the real property in accordance with this chapter, but not otherwise.
[Pre-2002 Recodification Citation: 32-15-3-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-11. Writ for Possession of Land; Required Payments

Sec. 11. If any land is sold by an executor, an administrator, a guardian, a sheriff, or a commissioner of the court and afterwards the land is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay the demand or judgment for which or for whose benefit the land was sold; or
(3) anyone making a claim under a person identified under subdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the land without having paid the amount due, as determined under section 12 of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their repeal) within the time determined by the court.
[Pre-2002 Recodification Citation: 32-15-3-11.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 3.1. Occupying Claimant › 32-30-3.1-12. Remedies

Sec. 12. Any defendant in the main court action for possession of real property may file a complaint setting forth the sale and title under it and any other matter allowed under this chapter. The court proceedings must assess the values, damages, and other amounts of which assessment is required under section 3 of this chapter. If after the main court action the plaintiff has not paid the amount assessed by the court, the court shall set a reasonable time for the plaintiff to pay the defendant. If the plaintiff does not pay the amount within the time set by the court, the court shall order the land sold. If the premises are sold, the defendant is entitled to receive from the proceeds of the sale the amount the defendant is due, with interest, and court costs. The plaintiff is entitled to the remainder of the proceeds of the sale.
[Pre-2002 Recodification Citation: 32-15-3-12.]
As added by P.L.2-2002, SEC.15. Amended by P.L.45-2016, SEC.9.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 4. Actions for Waste › 32-30-4-1. Additional Actions Authorized

Sec. 1. (a) Wrongs that were previously remediable by an action of waste are remediable by a judgment for damages, forfeiture of the estate of the offending party, and eviction from the premises.
(b) A judgment of forfeiture and eviction may be given to a person who is entitled to the reversion against the tenant in possession only when the injury to the estate in reversion is adjudged:
(1) to be equal to the value of the tenant's estate or unexpired term; or
(2) to have been done in malice.
[Pre-2002 Recodification Citation: 32-15-4-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 4. Actions for Waste › 32-30-4-2. Action by Person With Remainder or Reversion in Estate

Sec. 2. Notwithstanding an intervening estate for life or years, a person who has a remainder or reversion in an estate may maintain an action for waste, trespass, or injury to the inheritance.
[Pre-2002 Recodification Citation: 32-15-4-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-1. Appointment of Receivers; Cases

Sec. 1. (a) As used in this section, "utility" means a utility, however organized, that:
(1) provides electric, gas, water, or wastewater retail utility service to customers in Indiana; or
(2) is owned, operated, or held in trust by a consolidated city.
(b) A receiver may be appointed by the court in the following cases:
(1) In an action by a vendor to vacate a fraudulent purchase of property or by a creditor to subject any property or fund to the creditor's claim.
(2) In actions between partners or persons jointly interested in any property or fund.
(3) In all actions when it is shown that the property, fund or rent, and profits in controversy are in danger of being lost, removed, or materially injured.
(4) In actions in which a mortgagee seeks to foreclose a mortgage. However, upon motion by the mortgagee, the court shall appoint a receiver if, at the time the motion is filed, the property is not occupied by the owner as the owner's principal residence and:
(A) it appears that the property is in danger of being lost, removed, or materially injured;
(B) it appears that the property may not be sufficient to discharge the mortgaged debt;
(C) either the mortgagor or the owner of the property has agreed in the mortgage or in some other writing to the appointment of a receiver;
(D) a person not personally liable for the debt secured by the mortgage has, or is entitled to, possession of all or a portion of the property;
(E) the owner of the property is not personally liable for the debt secured by the mortgage; or
(F) all or any portion of the property is being, or is intended to be, leased for any purpose.
(5) When a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or another legal entity described in IC 23:
(A) has been dissolved;
(B) is insolvent;
(C) is in imminent danger of insolvency; or
(D) has forfeited its corporate rights.
(6) To protect or preserve, during the time allowed for redemption, any real estate or interest in real estate sold on execution or order of sale, and to secure rents and profits to the person entitled to the rents and profits.
(7) Upon request by a utility providing utility service to a multifamily residential property with more than four (4) dwelling units when the property owner has failed to pay:
(A) invoiced utility bills for a period greater than ninety (90) days from the due date of the initial outstanding invoice; or
(B) amounts due under a curative payment plan for a period of at least sixty (60) days from the initial due date prescribed under the payment plan;
notwithstanding any other right the utility has to secure payment.
(8) In other cases as may be provided by law or where, in the discretion of the court, it may be necessary to secure ample justice to the parties.
[Pre-2002 Recodification Citation: 34-48-1-1.]
As added by P.L.2-2002, SEC.15. Amended by P.L.5-2023, SEC.1.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-2. Persons Prohibited From Being Appointed in Particular Action

Sec. 2. A court may not appoint:
(1) a party;
(2) an attorney representing a party; or
(3) another person interested in an action;
as a receiver in that action.
[Pre-2002 Recodification Citation: 34-48-1-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-3. Receivers; Oath; Surety

Sec. 3. Before beginning duties as a receiver, the receiver must:
(1) swear to perform the duties of a receiver faithfully; and
(2) with one (1) or more sureties approved by the court or judge, execute a written undertaking, payable to such person as the court or the judge directs, to the effect that the receiver will:
(A) faithfully discharge the duties of receiver in the action; and
(B) obey the orders of the court or judge.
[Pre-2002 Recodification Citation: 34-48-1-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-4. Money or Things Controlled by Party; Delivery

Sec. 4. If it is admitted by the pleading or examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery, which:
(1) is the subject of the litigation;
(2) is held by the party as trustee for another party; or
(3) belongs or is due to another party;
the court or the judge may order the money or thing to be deposited in court or with the clerk, or delivered to the other party, with or without security, subject to the further order of the court or the judge.
[Pre-2002 Recodification Citation: 34-48-1-4.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-5. Disobeyed Order; Delivery of Money or Thing; Deposit

Sec. 5. If:
(1) in the exercise of its authority, a court or judge has ordered the deposit or delivery of money or another thing; and
(2) the order is disobeyed;
the court or the judge, besides punishing the disobedience as contempt, may make an order requiring the sheriff to take the money or thing and deposit it or deliver it in conformity with the direction of the court or judge.
[Pre-2002 Recodification Citation: 34-48-1-5.]
As added by P.L.2-2002, SEC.15. Amended by P.L.1-2003, SEC.85.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-6. Loan of Deposited Money Prohibited; Permitted With Consent of Parties

Sec. 6. Money deposited or paid into court or with the clerk in an action may not be loaned out unless consent is obtained from all parties having an interest in or making claim to the money.
[Pre-2002 Recodification Citation: 34-48-1-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-7. Receiver's Powers

Sec. 7. The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver’s own name, and generally do other acts respecting the property as the court or judge may authorize.
[Pre-2002 Recodification Citation: 34-48-1-7.]
As added by P.L.2-2002, SEC.15. Amended by P.L.177-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-8. Defendant's Admission; Partial Satisfaction of Claim

Sec. 8. If the answer of the defendant admits part of the plaintiff's claim to be just, the court, on motion, may order the defendant to satisfy that part of the claim and may enforce the order by execution.
[Pre-2002 Recodification Citation: 34-48-1-8.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-9. Time of Receiver's Appointment

Sec. 9. Receivers may not be appointed in any case until the adverse party has appeared or has had reasonable notice of the application for the appointment, except upon sufficient cause shown by affidavit.
[Pre-2002 Recodification Citation: 34-48-1-9.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-10. Appeal; Suspension of Receiver's Authority; Surety

Sec. 10. (a) In all cases commenced or pending in any Indiana court in which a receiver may be appointed or refused, the party aggrieved may, within ten (10) days after the court’s decision, appeal the court's decision to the supreme court without awaiting the final determination of the case.
(b) In cases where a receiver will be or has been appointed, upon the appellant filing of an appeal bond:
(1) with sufficient surety;
(2) in the same amount as was required of the receiver; and
(3) conditioned for the due prosecution of the appeal and the payment of all costs or damages that may accrue to any officer or person because of the appeal;
the authority of the receiver shall be suspended until the final determination of the appeal.
[Pre-2002 Recodification Citation: 34-48-1-10.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-11. Actions by a Receiver; Pleadings

Sec. 11. In any suit or action by a receiver appointed by any court of record in Indiana, it is only necessary for the receiver, in the receiver’s complaint or pleading, to state:
(1) the court;
(2) the cause of action in which the receiver was appointed; and
(3) the date on which the receiver was appointed.
Proof of the appointment is not required on the trial of the cause unless the appointment is specially denied, in addition to the general denial filed in the cause.
[Pre-2002 Recodification Citation: 34-48-2-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-12. Clerk's Record Book

Sec. 12. The clerk of the court of each county shall keep a record book suitable to enter and record statements of assets and liabilities.
[Pre-2002 Recodification Citation: 34-48-3-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-13. Claims Filed With Receiver

Sec. 13. All claims against the assets in the hands of the receiver that are filed with the receiver shall be filed by the receiver with the clerk of the court in which the receivership is pending. The clerk shall record the claims with the statements under this chapter, resulting in a complete record of the assets and liabilities of the receivership.
[Pre-2002 Recodification Citation: 34-48-3-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-14. Receiver's Report

Sec. 14. In all receiverships pending or begun in any court, the receiver, within the time as may be fixed by an order of the court in which the receivership is pending, shall file with the court an account or report in partial or final settlement of the liquidation or receivership proceedings.
[Pre-2002 Recodification Citation: 34-48-4-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-15. Receiver's Report; Requirements

Sec. 15. The account or report required by section 14 of this chapter must set forth all:
(1) receipts and disbursements to the date of the accounting; and
(2) other appropriate information relative to the:
(A) administration of the receivership;
(B) liquidation of the receivership; and
(C) declaration and payment of dividends.
[Pre-2002 Recodification Citation: 34-48-4-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-16. Receiver's Report; Filing Deadline; Petition for Court Order

Sec. 16. If an account is not filed within one (1) year after the date when the receiver took possession of the assets and effects of the receivership, any party interested may petition the court for an order requiring the filing of an account.
[Pre-2002 Recodification Citation: 34-48-4-3.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-17. Receiver's Report; Hearing; Notice

Sec. 17. (a) Except as provided in subsection (d), upon the filing of an account or report, the clerk of the court in which the receivership is pending shall give notice of the date on which the account or report is to be heard and determined by the court.
(b) The clerk shall give the notice required by subsection (a) by publication, once each week for three (3) successive weeks in two (2) newspapers of general circulation published or circulated within the county.
(c) The date in the notice on which the account or report is to be heard and determined by the court shall be fixed not less than thirty (30) days after the date of the filing of the account or report.
(d) Publication is not required under this section if the receivership is ancillary to a mortgage foreclosure.
[Pre-2002 Recodification Citation: 34-48-4-4.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-18. Objections to Receiver's Report

Sec. 18. (a) During the thirty (30) day period referred to in section 17 of this chapter, any creditor, shareholder, or other interested party may file objections or exceptions in writing to the account or report.
(b) Any objections or exceptions to the matters and things contained in an account or report and to the receiver's acts reported in the report or account that are not filed within the thirty (30) day period referred to in section 17 of this chapter are forever barred for all purposes.
[Pre-2002 Recodification Citation: 34-48-4-5.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-19. Objections to Receiver's Report; Hearing

Sec. 19. At the expiration of the thirty (30) day period referred to in section 17 of this chapter, the court shall, without delay:
(1) proceed with the hearing and determination of the objections or exceptions;
(2) pass upon the account or report;
(3) order the payment of a partial or final dividend; and
(4) make other appropriate orders.
[Pre-2002 Recodification Citation: 34-48-4-6.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-20. Court Approval of Partial Report; Release of Surety

Sec. 20. The court's approval of a receiver's partial account or report, as provided in section 14 of this chapter, releases and discharges the receiver and the surety on the receiver's bond for all matters and things related to or contained in the partial account or report.
[Pre-2002 Recodification Citation: 34-48-5-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-21. Court Approval of Final Report; Discharge of Surety; Settlement of Receivership

Sec. 21. Upon the:
(1) court's approval of the receiver's final account or report, as provided in section 14 of this chapter; and
(2) receiver's performance and compliance with the court's order made on the final report;
the receiver and the surety on the receiver's bond shall be fully and finally discharged and the court shall declare the receivership estate finally settled and closed subject to the right of appeal of the receiver or any creditor, shareholder, or other interested party who has filed objections or exceptions as provided in section 18 of this chapter.
[Pre-2002 Recodification Citation: 34-48-5-2.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 5. Receiverships › 32-30-5-22. Receivership Estate; Change of Judge or Venue

Sec. 22. (a) This section applies to any action, proceeding, or matter relating to or involving a receivership estate.
(b) Except as provided in subsections (c) and (d), a party to a proceeding described in subsection (a) is entitled to a change of judge or a change of venue from the county for the same reasons and upon the same terms and conditions under which a change of judge or a change of venue from the county is allowed in any civil action.
(c) This section does not authorize a change of venue from the county:
(1) concerning expenses allowed by the court incidental to the operation, management, or administration of the receivership estate;
(2) upon any petition or proceeding to remove a receiver; or
(3) upon the objections or exceptions to any partial or final account or report of any receiver.
(d) A change of venue is not allowed from the county of the administration of any receivership estate, or upon any petition or proceeding to remove a receiver, or upon objections or exceptions to a partial or final account or report of a receiver.
[Pre-2002 Recodification Citations: 34-48-6-1; 34-48-6-2; 34-48-6-3; 34-48-6-4.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-1. "Agricultural Operation" Defined

Sec. 1. As used in this chapter, "agricultural operation" includes any facility used for the production of crops, livestock, poultry, livestock products, poultry products, or horticultural products or for growing timber.
[Pre-2002 Recodification Citation: 34-6-2-7.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-1.5. "Forestry Operation" Defined

Sec. 1.5. As used in this chapter, "forestry operation" includes facilities, activities, and equipment used to plant, raise, manage, harvest, and remove trees on private land. The term includes site preparation, fertilization, pest control, and wildlife management.
As added by P.L.82-2005, SEC.2.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-2. "Industrial Operation" Defined

Sec. 2. As added used in this chapter, "industrial operation" includes any facility used for the:
(1) manufacture of a product from other products;
(2) transformation of a material from one (1) form to another;
(3) mining of a material and related mine activities; or
(4) storage or disposition of a product or material.
[Pre-2002 Recodification Citation: 34-6-2-68.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-3. "Locality" Defined

Sec. 3. As used in this chapter, "locality" means the following:
(1) For purposes of section 9 of this chapter, the specific area of land upon which an:
(A) agricultural operation; or
(B) industrial operation;
is conducted.
(2) For purposes of section 10 of this chapter, the following:
(A) The specific area of land upon which a public use airport operation is conducted.
(B) The airport imaginary surfaces as described in IC 8-21-10-8.
(3) For purposes of section 11 of this chapter, the specific area of land upon which a forestry operation is conducted.
[Pre-2002 Recodification Citation: 34-6-2-74.]
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.3.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-4. "Public Use Airport Operation" Defined

Sec. 4. As used in this chapter, "public use airport operation" includes any facility used as a public use airport for the landing, take off, storage, or repair of aircraft.
[Pre-2002 Recodification Citation: 34-6-2-126.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-5. "Vicinity of the Locality" Defined

Sec. 5. As used in this chapter, "vicinity of the locality" means the following:
(1) Three (3) miles from the locality (as defined in section 3(2) of this chapter) of a public use airport operation that serves regularly scheduled air carrier or military turbojet aircraft.
(2) One and one-half (1.5) miles from the locality of a public use airport operation that does not serve regularly scheduled air carrier or military turbojet aircraft.
[Pre-2002 Recodification Citation: 34-6-2-149.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-6. Nuisance Described and Considered Subject to an Action

Sec. 6. Whatever is:
(1) injurious to health;
(2) indecent;
(3) offensive to the senses; or
(4) an obstruction to the free use of property;
so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
[Pre-2002 Recodification Citation: 34-19-1-1.]
As added by P.L.2-2002, SEC.15.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-7. Nuisance Actions; Plaintiffs; Attorney's Fees in Certain Actions

Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose:
(1) property is injuriously affected; or
(2) personal enjoyment is lessened;
by the nuisance.
(b) A civil action to abate or enjoin a nuisance may also be brought by:
(1) an attorney representing the county in which a nuisance exists; or
(2) the attorney of any city or town in which a nuisance exists.
(c) A county, city, or town that brings a successful action under this section to abate or enjoin a nuisance is entitled to recover reasonable attorney's fees incurred in bringing the action.
(d) A person that successfully defends an action under this section is entitled to reasonable costs and attorney's fees incurred in defending the action.
[Pre-2002 Recodification Citation: 34-19-1-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4; P.L.193-2014, SEC.1.
2023 Indiana Code › Title 32. Property › Article 30. Causes of Action Concerning Real Property › Chapter 6. Nuisance Actions › 32-30-6-8. Nuisance Action; Remedies

Sec. 8. If a proper case is made, the nuisance may be enjoined or abated and damages recovered for the nuisance.
[Pre-2002 Recodification Citation: 34-19-1-3.]
As added by P.L.2-2002, SEC.15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.