§ 32-30-6-10 — Public use airport operation; purpose; circumstances in which nuisance does not exist; negligent operations

(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.]

Legislative History

As added by P.L.2-2002, SEC.15.