Indiana Code
Chapter 7. Actions for Indecent Nuisances
32-30-7-22. Order of Abatement; Requirements; Release of Property; Claiming Property

Sec. 22. (a) If the existence of an indecent nuisance is admitted or established as provided in section 21 of this chapter, the court shall enter an order of abatement as a part of the judgment in the case. The order of abatement must:
(1) direct the removal of all personal property and contents that:
(A) are located at the place described in the complaint;
(B) are used in conducting the indecent nuisance; and
(C) have not already been released under authority of the court as provided in sections 15 and 16 of this chapter;
(2) direct the sale of personal property that belongs to the defendants who were notified or appeared at the hearing, in the manner provided for the sale of chattels under execution; and
(3) require one (1) of the following:
(A) The renewal for one (1) year of any bond furnished by the owner of the real property under section 15(a)(2) of this chapter.
(B) If a bond was not furnished, continue for one (1) year any closing order issued under section 12(b)(2) of this chapter at the time of granting the preliminary injunction.
(C) If a closing order was not issued when the preliminary injunction was granted, direct the effectual closing of the place against its use for any purpose for one (1) year, unless sooner released.
(b) The owner of a place that has been closed and not released under bond may appear and obtain a release in the manner and upon fulfilling the requirements provided in sections 15 and 16 of this chapter.
(c) The release of property under this section does not release the property from any judgment, lien, penalty, or liability to which the property may be subject.
(d) Owners of unsold personal property and contents seized under subsection (a) may:
(1) appear and claim the property within ten (10) days after an order of abatement is made; and
(2) prove to the satisfaction of the court:
(A) that the owner is innocent of any knowledge of the use of the property; and
(B) that with reasonable care and diligence the owner could not have known of the use of the property.
(e) If an owner meets the requirements set forth in subsection (d), the unsold personal property and contents shall be delivered to the owner. Otherwise, the unsold personal property and contents shall be sold as provided in this section.
(f) The officer who removes and sells the personal property and contents under subsection (e) may charge and receive the same fees as the officer would receive for levying upon and selling similar property on execution.
(g) If an order of abatement requires the closing of a place under subsection (a)(3)(C), the court shall allow a reasonable sum to be paid for the cost of closing the place and keeping it closed.
[Pre-2002 Recodification Citation: 34-19-2-17.]
As added by P.L.2-2002, SEC.15.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 30. Causes of Action Concerning Real Property

Chapter 7. Actions for Indecent Nuisances

32-30-7-1. "Indecent Nuisance"

32-30-7-2. "Person"

32-30-7-3. "Place"

32-30-7-4. "Prosecuting Official"

32-30-7-5. "Public Place"

32-30-7-6. Persons Guilty of Maintaining an Indecent Nuisance

32-30-7-7. Action by Prosecuting Official; Actions by Other Persons

32-30-7-8. Venue

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

32-30-7-12. Preliminary Injunction; Burden of Proof; Temporary Forfeiture; Closure Pending Final Decision on Permanent Injunction

32-30-7-13. Effect of Preliminary Injunction; Restraining Orders

32-30-7-14. Restraining Orders; Service; Inventory

32-30-7-15. Owner of Real Property; Payment of Costs; Surety; Abatement of Indecent Nuisance; Showing Good Faith; Discharge of Preliminary Injunction

32-30-7-16. Owner of Personal Property; Petition for Release of Property; Good Faith; Discharge of Preliminary Injunction

32-30-7-17. Release of Property; Liens

32-30-7-18. Precedence of Indecent Nuisance Action

32-30-7-19. Evidence

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