Indiana § 32-23-11-15 Easement of necessity

Indiana Statutes

§ 32-23-11-15 — Easement of necessity

Indiana § 32-23-11-15

Title 32PROPERTY

Art. 23CONVEYANCE OF PROPERTY INTERESTS

Ch. 11Abandoned Railroad Rights-of-Way

This text of Indiana § 32-23-11-15 (Easement of necessity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-23-11-15 (2026).

Text

If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad retains an easement of necessity in the abandoned right-of-way:

(1)from the landlocked property to the nearest public highway, road, or street; and

(2)to the extent necessary to reach and use the landlocked fee interest for its intended purpose. [Pre-2002 Recodification Citation: 32-5-12-15.]

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If a railroad owns a right-of-way fee that
becomes landlocked after the right-of-way is abandoned, the railroad
retains an easement of necessity in the abandoned right-of-way:
(1) from the landlocked property to the nearest public highway,
road, or street; and
(2) to the extent necessary to reach and use the landlocked fee
interest for its intended purpose.
[Pre-2002 Recodification Citation: 32-5-12-15.]