Indiana Code 32-30-7-22. Order of abatement; requirements; release of property; claiming property
(1) direct the removal of all personal property and contents that:
Terms Used In Indiana Code 32-30-7-22
- 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.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- place: includes any part of a building or structure or the ground. See Indiana Code 32-30-7-3
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.