2018 Indiana Code
TITLE 32. Property
ARTICLE 30. CAUSES OF ACTION CONCERNING REAL PROPERTY
CHAPTER 7. Actions for Indecent Nuisances
32-30-7-15. Owner of real property; payment of costs; surety; abatement of indecent nuisance; showing good faith; discharge of preliminary injunction

     Sec. 15. (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.]

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