§ 32-26-8-1 — Rights of property owners; arbitration

(a) When the fence rails or other property of a
person in Indiana are removed by high water and lodged upon the real
property of another person, the owner of the fence rails or other
property may proceed, within sixty (60) days after the fence rails or
other property are lodged, upon the real property on which the fence
rails or other property are lodged.
(b) If the owner of the real property refuses to deliver up the fence
rails or other property, the parties shall each select an arbitrator, who
shall examine or hear evidence upon all the circumstances and facts
and determine the case.
(c) If the arbitrators selected under subsection (b) cannot agree, the
arbitrators shall select an umpire. The decision of a majority of the
arbitrators and the umpire is final.
[Pre-2002 Recodification Citation: 32-10-8-1.]

Legislative History

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