Bill Text: IN HB1582 | 2013 | Regular Session | Introduced
Bill Title: Nuisance actions.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Judiciary [HB1582 Detail]
Download: Indiana-2013-HB1582-Introduced.html
Citations Affected: IC 32-30-6.
Synopsis: Nuisance actions. Amends the definitions of "agricultural
operation" and "locality" for purposes of the laws governing nuisance
actions. Provides that if a plaintiff has already prevailed in a nuisance
action against a defendant and the plaintiff prevails in a subsequent
nuisance action against the defendant, the court must enter a finding of
a permanent nuisance. Provides that in a successful nuisance case
against an agricultural operation, the court may not order the
agricultural operation to mitigate the effects of the nuisance if the
mitigation would substantially and adversely affect the economic
viability of the agricultural operation, unless the agricultural operation's
nuisance is creating a substantial threat to the public health or safety.
Provides that the damages awarded for a nuisance action are limited to
the decrease in the fair market value of the plaintiff's property caused
by the nuisance. Removes certain policy statement provisions
concerning agricultural operations and nuisance suits. Provides that an
agricultural or industrial operation or any of its appurtenances is not
and does not become a nuisance if the operation has been continuous
for more than one year and there is no significant change in the type of
operation. (Current law requires that the operation has been
continuously on the locality for more than one year if there is no
significant change in the type of operation.) Removes a provision that
provides that an agricultural or industrial operation or any of its
appurtenances is not and does not become a nuisance if the operation
would not have been a nuisance at the time the agricultural or industrial
operation began on that locality.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
(1) For purposes of section 9 of this chapter, the
(A) agricultural operation; or
(B) industrial operation;
is conducted or expanded.
(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.
(b) Any injunction or abatement granted or damages awarded under subsection (a) are subject to the following:
(1) If:
(A) the court has previously made a final judgment in the plaintiff's favor against a defendant in a nuisance action; and
(B) the plaintiff successfully brings a subsequent nuisance action against the defendant or the defendant's successor to the operation for the same nuisance;
then the court shall enter a final judgment against the defendant finding that a permanent nuisance exists and the defendant shall be bound by the remedies available for a permanent nuisance.
(2) If the court orders a defendant to take an action to mitigate the effects of an agricultural operation adjudged to be a nuisance, the court may not order the defendant to take a mitigation action that substantially and adversely affects the economic viability of the agricultural operation, unless the agricultural operation's nuisance is creating a substantial threat to the public health or safety.
(3) The damages awarded for a nuisance action are limited to the decrease in the fair market value of the plaintiff's property caused by the nuisance.
(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.
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 if the operation has been
continuous for more than one (1) year and 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) (1) The conversion from one type of agricultural operation to
another type of agricultural operation.
(B) (2) A change in the ownership or size of the agricultural
operation.
(C) (3) The:
(i) (A) enrollment; or
(ii) (B) reduction or cessation of participation;
of the agricultural operation in a government program.
(D) (4) 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.
