§ 32-30-7-15 — Owner of real property; payment of costs; surety; abatement of indecent nuisance; showing good faith; discharge of preliminary injunction

Indiana § 32-30-7-15

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 7: Actions for Indecent Nuisances

Text

(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.]

Legislative History

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