§ 14-26-1-8 — Rights of owners from whom easements or remainder interests taken

Indiana § 14-26-1-8

• Jurisdiction: Indiana
• Art. 26: LAKES AND RESERVOIRS
• Ch. 1: Reservoirs; Land Acquisition and Creation

Text

(a) The owner of the land from which:
(1) an easement is taken; or
(2) the remainder interest in fee simple is taken;
may use and enjoy the land in any way consistent with the rights of the
holder of the easement or remainder interest in fee simple.
(b) The owner may use the land for agricultural, recreational, or
other purposes, but the use is subject to the dominant purpose of
storage of water.
(c) If:
(1) any improvements are placed on the land after the land is
taken or purchased for a reservoir site, either by the taking or
purchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for any of
the purposes of storage of water;
when the land is used for storage of water, the improvements may be
removed without compensation and at the expense of the person who
held the land subject to the remainder easement or fee.
[Pre-1995 Recodification Citation: 13-2-9-6.]

Legislative History

As added by P.L.1-1995, SEC.19.