2018 Indiana Code
TITLE 32. Property
ARTICLE 26. FENCES
CHAPTER 8. Recovery of Property Moved by High Water
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.
[Pre-2002 Recodification Citation: 32-10-8-1.]
As added by P.L.2-2002, SEC.11.
