Introduced Version
HOUSE BILL No. 1424
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-11-10; IC 34-12-4.
Synopsis: Causes of action. Limits a civil cause of action concerning
a public nuisance. Prohibits certain causes of action against a property
owner, a business owner, or a third party business operator for a
criminal act committed by another person: (1) on the property; (2) at
the business; or (3) on a premises, owned by another person.
Effective: July 1, 2025.
Lehman
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1424—LS 7478/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
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 this style type.
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 this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1424
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 34-11-10 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 10. Limitations on a Public Nuisance Action
5 Sec. 1. The following definitions apply throughout this chapter:
6 (1) "Established public right" means a right, commonly held
7 by all members of the public, to the use of public land, air, or
8 water.
9 (2) "Public nuisance" means an ongoing and unlawful
10 condition that proximately causes an interference with an
11 established public right.
12 (3) "Unlawful condition" means a circumstance that is
13 expressly prohibited by state or federal law.
14 Sec. 2. For purposes of this chapter, the following are not a
15 public nuisance:
16 (1) An action or condition that is expressly permitted by:
17 (A) a local ordinance;
2025 IN 1424—LS 7478/DI 149 2
1 (B) state or federal law; or
2 (C) a court order.
3 (2) The distribution or manufacturing of a product, unless the
4 act of distribution or manufacturing the product creates a
5 public nuisance.
6 Sec. 3. (a) A public nuisance cause of action shall only be
7 available to a governmental entity if the unlawful condition is
8 occurring within the jurisdiction of the governmental entity.
9 (b) A financial expenditure made by a governmental entity
10 related to an:
11 (1) injunction concerning an unlawful condition; or
12 (2) effort to remediate an unlawful condition;
13 does not establish a public nuisance cause of action.
14 Sec. 4. (a) Unless otherwise set forth in statute, a governmental
15 entity may bring a civil action concerning a public nuisance and
16 may only seek prospective injunctive relief for abatement of the
17 public nuisance.
18 (b) A governmental entity may not recover economic,
19 noneconomic, or exemplary damages or costs associated with a
20 potential future harm.
21 Sec. 5. (a) A private person may only bring a public nuisance
22 cause of action if the injury suffered by the private person is:
23 (1) proximately caused by the ongoing, unlawful condition;
24 and
25 (2) materially different from an injury suffered by another
26 private person who has already filed a civil action related to
27 the same public nuisance.
28 (b) Interference with the personal, spiritual, cultural, or
29 emotional use of public land, air, or water cannot by itself establish
30 a public nuisance cause of action under this section.
31 (c) A financial expenditure made by a private person related to
32 an:
33 (1) injunction concerning an unlawful condition; or
34 (2) effort to remediate an unlawful condition;
35 does not establish a public nuisance cause of action.
36 (d) The aggregation of:
37 (1) multiple injuries; or
38 (2) private nuisances;
39 that are not considered a public nuisance individually do not
40 constitute a public nuisance.
41 (e) A private person that brings a public nuisance cause of
42 action under this section may seek the following:
2025 IN 1424—LS 7478/DI 149 3
1 (1) Prospective injunctive relief for abatement of the public
2 nuisance.
3 (2) Compensatory damages.
4 Sec. 6. Unless otherwise set forth in statute, it is an affirmative
5 defense to a cause of action brought under this chapter that the
6 defendant does not have actual control over the source of the
7 alleged public nuisance.
8 Sec. 7. This chapter applies to a cause of action filed on or after
9 July 1, 2025.
10 SECTION 2. IC 34-12-4 IS ADDED TO THE INDIANA CODE AS
11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2025]:
13 Chapter 4. Prohibited Legal Action Involving Crimes on Private
14 Property
15 Sec. 1. This chapter does not apply to a criminal act committed
16 by an employee or an agent of a:
17 (1) person who owns or has an interest in land;
18 (2) person who owns or operates a business;
19 (3) third party business operator; or
20 (4) property manager.
21 Sec. 2. (a) A person may not bring or maintain an action against
22 a:
23 (1) person who owns property for a criminal act committed by
24 another person on the property;
25 (2) person who owns a business for a criminal act committed
26 by another person at the business; or
27 (3) third party business operator who conducts business on
28 any premises owned by another person for a criminal act
29 committed by another person on premises owned by another
30 person.
31 (b) A person may not bring or maintain an action described in
32 subsection (a) if the person was the one who committed the
33 criminal act.
2025 IN 1424—LS 7478/DI 149