Owner of personal property; petition for release of property; good
faith; discharge of preliminary injunction
Sec. 16. The owner of the personal property that has been
restrained or is to be restrained under this chapter may appear after
the filing of the complaint and before the hearing on the application
for a permanent injunction and petition the court to release the
personal property. If the court is satisfied that the owner:
(1) has acted in good faith; and
(2) did not know and, with reasonable care and diligence, could
not have known that the personal property was used as an
indecent nuisance;
the court shall, at the time of the hearing on the application for the
preliminary injunction, refrain from issuing any order restraining the
removal or interference with the personal property. If the preliminary
injunction has been issued, the court shall discharge the order and
deliver the property to the owner.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006