Indiana Code 32-30-7-16. Owner of personal property; petition for release of property; good faith; discharge of preliminary injunction
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Sec. 16. The owner of the personal property that has been restrained or is to be restrained under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and petition the court to release the personal property. If the court is satisfied that the owner:
(2) did not know and, with reasonable care and diligence, could not have known that the personal property was used as an indecent nuisance;
(1) has acted in good faith; and
Terms Used In Indiana Code 32-30-7-16
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- indecent nuisance: means a:
Indiana Code 32-30-7-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Personal property: All property that is not real property.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing any order restraining the removal or interference with the personal property. If the preliminary injunction has been issued, the court shall discharge the order and deliver the property to the owner.
[Pre-2002 Recodification Citation: 34-19-2-11.]
As added by P.L.2-2002, SEC.15.