2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 2. EASEMENTS IN GROSS: ALIENATION, INHERITANCE, ASSIGNMENT
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IC 32-23-2
Chapter 2. Easements in Gross: Alienation, Inheritance,
Assignment
IC 32-23-2-1
"Easement in gross of a commercial character" defined
Sec. 1. As used in this chapter, "easement in gross of a commercial
character" means an easement:
(1) for the transmission or distribution of natural gas, petroleum
products, or cable television signals;
(2) for the provision of telephone or water service; or
(3) for the transmission, distribution, or transformation of
electricity.
As added by P.L.2-2002, SEC.8.
IC 32-23-2-2
Alienation, inheritance, or assignment
Sec. 2. An easement in gross of a commercial character, including
an easement acquired by eminent domain, that is created after June
30, 1989, may be alienated, inherited, or assigned in whole or in part
unless the instrument creating the easement provides otherwise.
As added by P.L.2-2002, SEC.8.
IC 32-23-2-3
Certain easements in gross of a commercial character
Sec. 3. (a) This section does not apply to an easement in gross of
a commercial character that is created after June 30, 1989.
(b) An easement in gross that was created after July 6, 1961, may
be alienated, inherited, or assigned in whole or in part if the
instrument that created the easement in real property states that the
easement may be alienated, inherited, or assigned.
As added by P.L.2-2002, SEC.8.
IC 32-23-2-4
Revival or reinstatement of easement in gross of a commercial
character
Sec. 4. This chapter does not revive or reinstate an expired, a
terminated, or an abandoned easement in gross of a commercial
character.
As added by P.L.2-2002, SEC.8.
IC 32-23-2-5
Recording easement
Sec. 5. (a) An easement that is created after June 30, 1989, must
cross-reference the original recorded plat. However, if the real
property from which the easement is being created is not platted, the
easement must cross-reference the most recent deed of record in the
recorder's office. The recorder shall charge a fee for recording the
easement in accordance with IC 36-2-7-10.
(b) When a release of easement is recorded in the office of the
county recorder in the county where the property is situated, the
release document must cross-reference the original easement
document and reflect the name of the current owner of the property
to whom the easement is being released as shown on the property tax
records of the county.
As added by P.L.2-2002, SEC.8.
IC 32-23-2-6
Alienation, inheritance, or assignment of certain easements in gross
of a commercial character declared valid
Sec. 6. (a) This section applies to the alienation, inheritance, or
assignment of:
(1) an easement in gross of a commercial character that was
created before January 1, 1990; and
(2) an interest in an easement in gross of a commercial character
described in subdivision (1).
(b) This section applies to an easement in gross of a commercial
character that was acquired by eminent domain.
(c) Unless the instrument that created the easement states that the
easement may not be alienated, inherited, or assigned, the alienation,
inheritance, or assignment of an easement in gross of a commercial
character that occurred before April 1, 1990, is legalized and declared
valid.
As added by P.L.6-2012, SEC.209.
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