2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 3. EASEMENTS: WAY OF NECESSITY
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IC 32-23-3
Chapter 3. Easements: Way of Necessity
IC 32-23-3-1
Refusal to grant easements; failure to agree upon consideration
Sec. 1. 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.
As added by P.L.2-2002, SEC.8.
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