Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by 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 be brought by:
(1) an attorney representing the county in which a nuisance exists; 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 under this section to abate or enjoin a nuisance is entitled to recover reasonable attorney's fees incurred in bringing the action.
(d) A person that successfully defends an action under this section is entitled to reasonable costs and attorney's fees incurred in defending the action.
[Pre-2002 Recodification Citation: 34-19-1-2.]
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4; P.L.193-2014, SEC.1.
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