§ 32-23-3-1 — Refusal to grant easements; failure to agree upon consideration

Indiana § 32-23-3-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 23: CONVEYANCE OF PROPERTY INTERESTS
• Ch. 3: Easements: Way of Necessity

Text

If:
(1) land that belongs to a landowner in Indiana is shut off from a
public highway because of the:
(A) straightening of a stream under Indiana law;
(B) construction of a ditch under Indiana law; or
(C) erection of a dam that is constructed by the state or by the
United States or an agency or a political subdivision of the state
or of the United States under Indiana law; and
(2) the owner of the lands described in subdivision (1) is unable
to secure an easement or right-of-way on and over the land that is
adjacent to the affected land, and intervening between the land
and the public highways that are most convenient to the land
because:
(A) an adjacent and intervening landowner refuses to grant an
easement; or
(B) the interested parties cannot agree upon the consideration
to be paid by the landowner that is deprived of access to the
highway;
the landowner of the affected land shall be granted the right of
easement established as a way of necessity as provided under IC 32-24-1.
[Pre-2002 Recodification Citation: 32-5-3-1.]

Legislative History

As added by P.L.2-2002, SEC.8.