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 inIndiana are removed by high water and lodged upon the real propertyof another person, the owner of the fence rails or other property mayproceed, within sixty (60) days after the fence rails or other propertyare lodged, upon the real property on which the fence rails or otherproperty are lodged.
    (b) If the owner of the real property refuses to deliver up the fencerails or other property, the parties shall each select an arbitrator, whoshall examine or hear evidence upon all the circumstances and factsand determine the case.
    (c) If the arbitrators selected under subsection (b) cannot agree,the arbitrators shall select an umpire. The decision of a majority ofthe 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 thischapter, the arbitrators must swear, before a person who mayadminister 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 undersection 1 of this chapter, the persons shall give notice to all interestedpersons of the time and place of the arbitration. Upon hearing all thefacts and circumstances in the case, the arbitrators shall award toeach person making a claim a proportion of the property as thearbitrators 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 propertyof another person for the purposes set forth in this chapter. A personwho goes upon the real property of another person under this chaptershall go upon the route that will do the least possible injury to thereal property, if it is practicable and convenient.
As added by P.L.2-2002, SEC.11.