§ 32-30-7-16 — Owner of personal property; petition for release of property; good faith; discharge of preliminary injunction

Indiana § 32-30-7-16

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

Text

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.]

Legislative History

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