University of Vermont AAHS

Indiana Agricultural Protection Act

INDIANA CODE
TITLE 32. PROPERTY
ARTICLE 30. CAUSES OF ACTION CONCERNING REAL PROPERTY
CHAPTER 6. NUISANCE ACTIONS


32-30-6-1 "Agricultural operation" defined

Sec. 1. As used in this chapter, "agricultural operation" includes any facility used for the production of crops, livestock, poultry, livestock products, poultry products, or horticultural products or for growing timber.


32-30-6-3 "Locality" defined

Sec. 3. As used in this chapter, "locality":
(1) for purposes of section 9 of this chapter, means the specific area of land upon which an:
(A) agricultural operation; or
(B) industrial operation; is conducted; and
(2) for purposes of section 10 of this chapter, means the following:
(A) The specific area of land upon which a public use airport operation is conducted.
(B) The airport imaginary surfaces as described in IC 8-21-10-8.


32-30-6-6 Nuisance defined


Sec. 6. Whatever is:
(1) injurious to health;
(2) indecent;
(3) offensive to the senses; or
(4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.


32-30-6-7 Persons entitled to bring action; attorney fees

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 (or IC 34-1-52-2 or IC 34-19-1-2 before their repeal) to abate or enjoin a nuisance caused by the unlawful dumping of solid waste is entitled to recover reasonable attorney's fees incurred in bringing the action.

32-30-6-8 Remedies

Sec. 8. If a proper case is made, the nuisance may be enjoined or abated and damages recovered for the nuisance.

 

32-30-6-9 Agricultural operations; limitations on nuisance actions

Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances.
(b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly finds that when nonagricultural land uses extend into 
agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of this section to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
(c) For purposes of this section, the continuity of an agricultural or industrial operation shall be considered to have been interrupted when the operation has been discontinued for more than one (1) year.
(d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if:
(1) there is no significant change in the hours of operation;
(2) there is no significant change in the type of operation; and
(3) the operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.

 

Enacted in 1998, amended in 2002.
Reviewed by AAHS in June 2001.
Reviewed and updated by AAHS in April 2003.


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