Indiana Code 14-26-2-14.5. Determination of public use of a lake
Current as of: 2023 | Check for updates
|
Other versions
Sec. 14.5. (a) For purposes of determining the acquiescence of a riparian owner to allow the public use of a lake, indicators of acquiescence include the following:
(2) Evidence that the riparian owner did not object to the operation by another person of a privately owned boat rental business, campground, or commercial enterprise that allowed nonriparian owners to gain access throughout the lake.
(1) Evidence that the general public has used the lake for recreational purposes.
Terms Used In Indiana Code 14-26-2-14.5
- acquiescence: means consent without conditions, tacit or passive compliance, or acceptance. See Indiana Code 14-26-2-1.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- lake: means a reasonably permanent body of water that:
Indiana Code 14-26-2-1.5
(3) A record of regulation of previous construction activities on the lake by the department or the department of conservation (before its repeal).
(b) Acquiescence does not exist if a lake has been adjudicated after March 12, 1947, to be a private lake and the department, or the department of conservation (before its repeal), was a party to the adjudication.
As added by P.L.6-2008, SEC.9.