Public use airport operation; purpose; circumstances in which
nuisance does not exist; negligent operations
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.
(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.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006