Legal Question in Civil Litigation in Indiana

Town took us to court got order to enter property to remove what they seem as junk...we have been working on removal and had put up a fence to put things we wished to keep behind it. Now town says fence not ok. Can town legally enter a closed in fence area and remove our property?


Asked on 5/04/22, 7:46 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

The answer is probably yes. Most towns have ordinances which allow them entry into even fenced property to remedy a situation. If not, then the law usually allows a governing authority to enter to remedy a nuisance or hazard. If a town fire department has the right to enter a fenced area to put out a fire, by analogy, it arguably has a right to enter to solve other categories of problems. And if the town obtained court permission, there isn't much that you can argue other than in court.

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Answered on 5/05/22, 5:48 pm


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