Ind. Code § 32-23-11-15

Current through P.L. 171-2024

Section 32-23-11-15 - Easement of necessity

If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad retains an easement of necessity in the abandoned right-of-way:

(1) from the landlocked property to the nearest public highway, road, or street; and

(2) to the extent necessary to reach and use the landlocked fee interest for its intended purpose.

IC 32-23-11-15

Pre-2002 Recodification Citation: 32-5-12-15.

As added by P.L. 2-2002, SEC.8.