Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose:

(1) property is injuriously affected; or

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Terms Used In Indiana Code 32-30-6-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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 to abate or enjoin a nuisance is entitled to recover reasonable attorney’s fees incurred in bringing the action.

     (d) A person that successfully defends an action under this section is entitled to reasonable costs and attorney’s fees incurred in defending the action.

[Pre-2002 Recodification Citation: 34-19-1-2.]

As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4; P.L.193-2014, SEC.1.

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