Section 32-23-3-1 - Refusal to grant easements; failure to agree upon consideration 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.
Pre-2002 Recodification Citation: 32-5-3-1.
As added by P.L. 2-2002, SEC.8.