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IC 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.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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.
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.3.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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 (or IC 34-1-52-2 or IC 34-19-1-2 before their repeal) to
abate or enjoin a nuisance caused by the unlawful dumping of solid
waste is entitled to recover reasonable attorney's fees incurred in
bringing the action.
(d) A forestry operation that successfully defends an action under
this section is entitled to reasonable costs and attorney's fees incurred
in defending the action.
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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.
As added by P.L.2-2002, SEC.15. Amended by P.L.23-2005, SEC.1.
IC 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.
IC 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.
As added by P.L.2-2002, SEC.15.
IC 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.