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Ind. Code § 32-26-2-2

Domestic animal breaking into enclosure

Applied in 2 court decisions — leading case John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing) (2016)

Most recently applied in John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing) (May 2016)

As added by P.L.2-2002, SEC.11.

Sec. 2. (a) This subsection applies in a township for which the board of county commissioners has adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person that is enclosed by a lawful fence, the person injured by the actions of the domestic animal may recover the amount of damage done.

(b) This subsection applies in a township for which the board of county commissioners has not adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person, it is not necessary for the person injured by the actions of the domestic animal to allege or prove the existence of a lawful fence to recover for the damage done.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.