Sec. 10. (a) This section does not apply if a nuisance results from the negligent operation of a public use airport operation or the operation's appurtenances.
(b) It is the purpose of this section to limit the circumstances under which a public use airport operation may be a nuisance in order to reduce the potential for the state to lose the benefits to the state's air transportation system that are provided by public use airports.
(c) A public use airport operation or any of the operation's appurtenances may not become a private or public nuisance by any changed condition in the vicinity of the locality that occurs after the public use airport operation operates continuously on the locality for more than one (1) year if the following conditions are met:
(1) The public use airport operation was not a nuisance at the time when the operation began operating at that locality.
(2) The public use airport operation is operated in accordance with the rules of the Indiana department of transportation, aeronautics section.
(3) There is no significant change in the hours of operation of the public use airport operation.
[Pre-2002 Recodification Citation: 34-19-1-5.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
32-30-6-1. "Agricultural Operation" Defined
32-30-6-1.5. "Forestry Operation" Defined
32-30-6-2. "Industrial Operation" Defined
32-30-6-4. "Public Use Airport Operation" Defined
32-30-6-5. "Vicinity of the Locality" Defined
32-30-6-6. Nuisance Described and Considered Subject to an Action
32-30-6-7. Nuisance Actions; Plaintiffs; Attorney's Fees in Certain Actions
32-30-6-8. Nuisance Action; Remedies
32-30-6-9.5. Frivolous Nuisance Actions; Court Costs; Attorney Fees