Indiana Code
Chapter 7. Actions for Indecent Nuisances
32-30-7-7. Action by Prosecuting Official; Actions by Other Persons

Sec. 7. (a) If an indecent nuisance exists, a prosecuting official or any resident of the county in which the indecent nuisance exists may bring an action to abate the indecent nuisance and to perpetually enjoin the maintenance of the indecent nuisance.
(b) If a person other than a prosecuting official institutes an action under this chapter, the complainant shall execute a bond to the person against whom complaint is made, with good and sufficient surety to be approved by the court or clerk in a sum of at least one thousand dollars ($1,000) to secure to the party enjoined the damages the party may sustain if:
(1) the action is wrongfully brought;
(2) the action is not prosecuted to final judgment;
(3) the action is dismissed;
(4) the action is not maintained; or
(5) it is finally decided that the injunction ought not to have been granted.
The party aggrieved by the issuance of the injunction has recourse against the bond for all damages suffered, including damages to the aggrieved party's property, person, or character and including reasonable attorney's fees incurred in defending the action.
(c) A person who institutes an action and executes a bond may recover the bond and reasonable attorney's fees incurred in trying the action if the existence of an indecent nuisance is admitted or established in an action as provided in this chapter.
(d) If a prosecuting official institutes an action under this chapter (or IC 34-1-52.5 or IC 34-19-2 before their repeal) and the existence of an indecent nuisance is admitted or established in the action, the governmental entity that employs the prosecuting official is entitled to all reasonable attorney's fees incurred by the entity in instituting the action. The fees shall be deposited in:
(1) the state general fund, if the action is instituted by the attorney general;
(2) the operating budget of the office of the prosecuting attorney, if the action is instituted by a prosecuting attorney;
(3) the operating budget of the office of the corporation counsel or city attorney, if the action is instituted by a corporation counsel or city attorney; or
(4) the county general fund, if the action is instituted by an attorney representing the county.
[Pre-2002 Recodification Citation: 34-19-2-2.]
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