Information Maintained by the Office of Code Revision
Indiana Legislative Services Agency
IC 32-30-6
Chapter 6. Nuisance Actions
IC 32-30-6-3
"Locality" defined
Sec. 3. As used in this chapter,
"locality" means the following:
(1) For purposes of section 9
of this chapter, the specific area of land upon which an:
(A)
agricultural operation; or
(B)
industrial operation;
is conducted.
(2) For purposes of section 10
of this chapter, 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.
(3) For purposes of section 11
of this chapter, the specific area of land upon which a forestry operation is
conducted.
As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005,
SEC.3.
IC 32-30-6-9
Agricultural and industrial operations; findings; continuity of operations;
circumstances in which nuisance does not exist
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 the following conditions exist:
(1) There is no significant
change in the type of operation. A significant change in the type of
agricultural operation does not include the following:
(A) The conversion from one type of agricultural operation to
another type of agricultural operation.
(B) A
change in the ownership or size of the agricultural operation.
(C)
The:
(i) enrollment; or
(ii)
reduction or cessation of participation;
of the
agricultural operation in a government program.
(D)
Adoption of new technology by the agricultural operation.
(2) The operation would not
have been a nuisance at the time the agricultural or industrial operation began
on that locality.
As added by P.L.2-2002, SEC.15. Amended by P.L.23-2005,
SEC.1.