CHAPTER 3. EASEMENTS: WAY OF NECESSITY

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 froma 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 bythe United States or an agency or a political subdivision ofthe state or of the United States under Indiana law; and
        (2) the owner of the lands described in subdivision (1) is unableto secure an easement or right-of-way on and over the land thatis adjacent to the affected land, and intervening between theland and the public highways that are most convenient to theland because:
            (A) an adjacent and intervening landowner refuses to grantan easement; or
            (B) the interested parties cannot agree upon theconsideration to be paid by the landowner that is deprived ofaccess to the highway;
the landowner of the affected land shall be granted the right ofeasement established as a way of necessity as provided underIC 32-24-1.
As added by P.L.2-2002, SEC.8.