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.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 7. Actions for Indecent Nuisances
32-30-7-1. "Indecent Nuisance"
32-30-7-4. "Prosecuting Official"
32-30-7-6. Persons Guilty of Maintaining an Indecent Nuisance
32-30-7-7. Action by Prosecuting Official; Actions by Other Persons
32-30-7-9. Preliminary Injunction; Hearing; Restraining Order; Service
32-30-7-10. Complaint; Notice; Hearing; Service
32-30-7-11. Consolidation of Trial on Merits and Hearing on Request for Preliminary Injunction
32-30-7-13. Effect of Preliminary Injunction; Restraining Orders
32-30-7-14. Restraining Orders; Service; Inventory
32-30-7-17. Release of Property; Liens
32-30-7-18. Precedence of Indecent Nuisance Action
32-30-7-20. Actions by Private Persons; Dismissal; Prosecution by Prosecuting Attorney; Costs
32-30-7-21. Burden of Proof; Judgment for Perpetual Enjoinment
32-30-7-22. Order of Abatement; Requirements; Release of Property; Claiming Property
32-30-7-23. Violation of Court Orders
32-30-7-24. Collected Money Paid to County Treasurer; Proceeds of Sales Applied to Costs
32-30-7-24.5. Distribution of Money Collected in Human Trafficking Actions
32-30-7-25. Indecent Nuisances Created by Tenants; Voidable Title; Reversion to Owner; Entry