Sec. 10. (a) This section does not apply if a nuisance results from the negligent operation of a public use airport operation or the operation’s appurtenances.

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Terms Used In Indiana Code 32-30-6-10

  • locality: means the following:

    Indiana Code 32-30-6-3

  • public use airport operation: includes any facility used as a public use airport for the landing, take off, storage, or repair of aircraft. See Indiana Code 32-30-6-4
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) It is the purpose of this section to limit the circumstances under which a public use airport operation may be a nuisance in order to reduce the potential for the state to lose the benefits to the state’s air transportation system that are provided by public use airports.

     (c) A public use airport operation or any of the operation’s appurtenances may not become a private or public nuisance by any changed condition in the vicinity of the locality that occurs after the public use airport operation operates continuously on the locality for more than one (1) year if the following conditions are met:

(1) The public use airport operation was not a nuisance at the time when the operation began operating at that locality.

(2) The public use airport operation is operated in accordance with the rules of the Indiana department of transportation, aeronautics section.

(3) There is no significant change in the hours of operation of the public use airport operation.

[Pre-2002 Recodification Citation: 34-19-1-5.]

As added by P.L.2-2002, SEC.15.

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