Sec. 8. (a) The owner of the land from which:
(1) an easement is taken; or
(2) the remainder interest in fee simple is taken;
may use and enjoy the land in any way consistent with the rights of the holder of the easement or remainder interest in fee simple.
(b) The owner may use the land for agricultural, recreational, or other purposes, but the use is subject to the dominant purpose of storage of water.
(c) If:
(1) any improvements are placed on the land after the land is taken or purchased for a reservoir site, either by the taking or purchase of an easement or a fee after a fixed term of years; and
(2) the improvements interfere with the use of the land for any of the purposes of storage of water;
when the land is used for storage of water, the improvements may be removed without compensation and at the expense of the person who held the land subject to the remainder easement or fee.
[Pre-1995 Recodification Citation: 13-2-9-6.]
As added by P.L.1-1995, SEC.19.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
Chapter 1. Reservoirs; Land Acquisition and Creation
14-26-1-1. Legislative Findings Regarding Need for Reservoir Sites
14-26-1-2. Legislative Findings Regarding Regulation of Flow of Rivers and Waters
14-26-1-4. Purchase or Condemnation of Land by Commission
14-26-1-6. Statement Regarding Condemnation of Property; Valuation
14-26-1-7. Cost of Easement or Interest in Land
14-26-1-8. Rights of Owners From Whom Easements or Remainder Interests Taken
14-26-1-9. Approval of Complaint for Condemnation
14-26-1-10. Source of Money for Commission
14-26-1-11. Cooperation With Federal Government Not Authorized