Indiana Code 32-23-11-15. Easement of necessity
Current as of: 2024 | Check for updates
|
Other versions
Sec. 15. 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:
(2) to the extent necessary to reach and use the landlocked fee interest for its intended purpose.
(1) from the landlocked property to the nearest public highway, road, or street; and
Terms Used In Indiana Code 32-23-11-15
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- railroad: refers to a railroad company. See Indiana Code 32-23-11-3
- right-of-way: means a strip or parcel of real property in which a railroad has acquired an interest for use as a part of the railroad's transportation corridor. See Indiana Code 32-23-11-4
[Pre-2002 Recodification Citation: 32-5-12-15.]
As added by P.L.2-2002, SEC.8.