§ 8-4.5-6-6 — Erection of fence

Indiana § 8-4.5-6-6

• Jurisdiction: Indiana
• Art. 4.5: TRANSPORTATION CORRIDOR PLANNING
• Ch. 6: Local Participation in Establishment of Recreational

Text

At the request of a property owner, the
responsible party (including a governmental entity), at the responsible
party's expense, shall do the following:
(1) If the responsible party is not a governmental entity, either:
(A) post a bond in an amount sufficient to satisfy the
responsible party's obligation to erect the fences requested
under this section; or
(B) establish an escrow account with a financial institution or
a person selected by mutual agreement with a property owner
that contains sufficient money to erect the fences requested
under this section.
The terms of the escrow agreement described in clause (B) must
require that the money in the account be dedicated to the
provision of the fences requested under this section with the
surplus to be returned to the responsible party. The responsible
party may post a single bond or establish a single escrow account
to provide fences for more than one (1) property owner.
(2) Erect and maintain fencing between the recreational trail and
the property owner's property. The fencing must be in accordance
with current fencing standards of the Indiana department of
transportation for urban or rural settings, as appropriate to the
location of the recreational trail.

Legislative History

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.