CHAPTER 6. NUISANCE ACTIONS
IC 32-30-6
Chapter 6. Nuisance Actions
IC 32-30-6-1
"Agricultural operation" defined
Sec. 1. As used in this chapter, "agricultural operation" includesany facility used for the production of crops, livestock, poultry,livestock products, poultry products, or horticultural products or forgrowing timber.
As added by P.L.2-2002, SEC.15.
IC 32-30-6-1.5
"Forestry operation" defined
Sec. 1.5. As used in this chapter, "forestry operation" includesfacilities, activities, and equipment used to plant, raise, manage,harvest, and remove trees on private land. The term includes sitepreparation, 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 ofland 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 airportoperation is conducted.
(B) The airport imaginary surfaces as described inIC 8-21-10-8.
(3) For purposes of section 11 of this chapter, the specific areaof 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 thefollowing:
(1) Three (3) miles from the locality (as defined in section 3(2)of this chapter) of a public use airport operation that servesregularly scheduled air carrier or military turbojet aircraft.
(2) One and one-half (1.5) miles from the locality of a publicuse airport operation that does not serve regularly scheduled aircarrier 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 lifeor 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 broughtby 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 bebrought by:
(1) an attorney representing the county in which a nuisanceexists; 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 underthis section (or IC 34-1-52-2 or IC 34-19-1-2 before their repeal) toabate or enjoin a nuisance caused by the unlawful dumping of solidwaste is entitled to recover reasonable attorney's fees incurred inbringing the action.
(d) A forestry operation that successfully defends an action underthis section is entitled to reasonable costs and attorney's fees incurredin 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 orabated 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 ofoperations; circumstances in which nuisance does not exist
Sec. 9. (a) This section does not apply if a nuisance results fromthe negligent operation of an agricultural or industrial operation orits appurtenances.
(b) The general assembly declares that it is the policy of the stateto conserve, protect, and encourage the development andimprovement of its agricultural land for the production of food andother agricultural products. The general assembly finds that whennonagricultural land uses extend into agricultural areas, agriculturaloperations often become the subject of nuisance suits. As a result,agricultural operations are sometimes forced to cease operations, andmany persons may be discouraged from making investments in farmimprovements. It is the purpose of this section to reduce the loss tothe state of its agricultural resources by limiting the circumstancesunder which agricultural operations may be deemed to be a nuisance.
(c) For purposes of this section, the continuity of an agriculturalor industrial operation shall be considered to have been interruptedwhen the operation has been discontinued for more than one (1) year.
(d) An agricultural or industrial operation or any of itsappurtenances is not and does not become a nuisance, private orpublic, by any changed conditions in the vicinity of the locality afterthe agricultural or industrial operation, as the case may be, has beenin operation continuously on the locality for more than one (1) yearif the following conditions exist:
(1) There is no significant change in the type of operation. Asignificant change in the type of agricultural operation does notinclude the following:
(A) The conversion from one type of agricultural operationto another type of agricultural operation.
(B) A change in the ownership or size of the agriculturaloperation.
(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 agriculturaloperation.
(2) The operation would not have been a nuisance at the timethe 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 32-30-6-10
Public use airport operation; purpose; circumstances in whichnuisance does not exist; negligent operations Sec. 10. (a) This section does not apply if a nuisance results fromthe negligent operation of a public use airport operation or theoperation's appurtenances.
(b) It is the purpose of this section to limit the circumstancesunder which a public use airport operation may be a nuisance inorder to reduce the potential for the state to lose the benefits to thestate's air transportation system that are provided by public useairports.
(c) A public use airport operation or any of the operation'sappurtenances may not become a private or public nuisance by anychanged condition in the vicinity of the locality that occurs after thepublic use airport operation operates continuously on the locality formore than one (1) year if the following conditions are met:
(1) The public use airport operation was not a nuisance at thetime when the operation began operating at that locality.
(2) The public use airport operation is operated in accordancewith the rules of the Indiana department of transportation,aeronautics section.
(3) There is no significant change in the hours of operation ofthe public use airport operation.
As added by P.L.2-2002, SEC.15.
IC 32-30-6-11
Continuous forestry operation; circumstances under whichforestry operation not a nuisance
Sec. 11. (a) This section does not apply if a nuisance results fromthe negligent operation of a forestry operation.
(b) For purposes of subsection (d), a forestry operation isconsidered to be in continuous operation if the locality supports anactual or a developing timber crop.
(c) A forestry operation that:
(1) existed before a change in the land use or occupancy of landwithin one (1) mile of the boundaries of the locality; and
(2) would not have been a nuisance before the change in landuse or occupancy;
is not a private or public nuisance.
(d) A forestry operation that conforms to generally acceptedforestry management practices and that has been in continuousoperation is not a private or public nuisance as a result of any of thefollowing:
(1) A change in the ownership or size of the forestry operation.
(2) Enrollment in a government forestry conservation program.
(3) Use of new forestry technology.
(4) A visual change due to removal of timber or vegetation.
(5) Normal noise from forestry equipment.
(6) Removal of timber or vegetation from a forest adjoining thelocality.
(7) The proper application of pesticides and fertilizers.
As added by P.L.82-2005, SEC.5.