2006 Indiana Code - CHAPTER 8. RECOVERY OF PROPERTY MOVED BY HIGH WATER

IC 32-26-8
     Chapter 8. Recovery of Property Moved by High Water

IC 32-26-8-1
Rights of property owners; arbitration
     Sec. 1. (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.
As added by P.L.2-2002, SEC.11.

IC 32-26-8-2
Oath of arbitrators
     Sec. 2. Before the arbitrators proceed under section 1 of this chapter, the arbitrators must swear, before a person who may administer oaths, to discharge the arbitrators' duties faithfully, impartially, and according to law.
As added by P.L.2-2002, SEC.11.

IC 32-26-8-3
Notice of arbitration
     Sec. 3. If at least ten (10) persons claim the same property under section 1 of this chapter, the persons shall give notice to all interested persons of the time and place of the arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each person making a claim a proportion of the property as the arbitrators consider reasonable and just.
As added by P.L.2-2002, SEC.11.

IC 32-26-8-4
Persons recovering property not trespassers
     Sec. 4. It is not a trespass for a person to go upon the real property of another person for the purposes set forth in this chapter. A person who goes upon the real property of another person under this chapter shall go upon the route that will do the least possible injury to the real property, if it is practicable and convenient.
As added by P.L.2-2002, SEC.11.