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

Indiana Statutes

§ 32-23-11-15 — Easement of necessity

Indiana·Title 32 PROPERTY·Art. 23 CONVEYANCE OF PROPERTY INTERESTS·Ch. 11 Abandoned Railroad Rights-of-Way

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.]

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