§ 32-30-7-22 — Order of abatement; requirements; release of property; claiming property

Indiana § 32-30-7-22

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

Text

(a) If the existence of an indecent nuisance
is admitted or established as provided in section 21 of this chapter, the
court shall enter an order of abatement as a part of the judgment in the
case. The order of abatement must:
(1) direct the removal of all personal property and contents that:
(A) are located at the place described in the complaint;
(B) are used in conducting the indecent nuisance; and
(C) have not already been released under authority of the court
as provided in sections 15 and 16 of this chapter;
(2) direct the sale of personal property that belongs to the
defendants who were notified or appeared at the hearing, in the
manner provided for the sale of chattels under execution; and
(3) require one (1) of the following:
(A) The renewal for one (1) year of any bond furnished by the
owner of the real property under section 15(a)(2) of this
chapter.
(B) If a bond was not furnished, continue for one (1) year any
closing order issued under section 12(b)(2) of this chapter at the
time of granting the preliminary injunction.
(C) If a closing order was not issued when the preliminary
injunction was granted, direct the effectual closing of the place
against its use for any purpose for one (1) year, unless sooner
released.
(b) The owner of a place that has been closed and not released under
bond may appear and obtain a release in the manner and upon fulfilling
the requirements provided in sections 15 and 16 of this chapter.
(c) The release of property under this section does not release the
property from any judgment, lien, penalty, or liability to which the
property may be subject.
(d) Owners of unsold personal property and contents seized under
subsection (a) may:
(1) appear and claim the property within ten (10) days after an
order of abatement is made; and
(2) prove to the satisfaction of the court:
(A) that the owner is innocent of any knowledge of the use of
the property; and
(B) that with reasonable care and diligence the owner could not
have known of the use of the property.
(e) If an owner meets the requirements set forth in subsection (d),
the unsold personal property and contents shall be delivered to the
owner. Otherwise, the unsold personal property and contents shall be
sold as provided in this section.
(f) The officer who removes and sells the personal property and
contents under subsection (e) may charge and receive the same fees as
the officer would receive for levying upon and selling similar property
on execution.
(g) If an order of abatement requires the closing of a place under
subsection (a)(3)(C), the court shall allow a reasonable sum to be paid
for the cost of closing the place and keeping it closed.
[Pre-2002 Recodification Citation: 34-19-2-17.]

Legislative History

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