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:
(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.
[Pre-2002 Recodification Citation: 32-5-12-15.]
As added by P.L.2-2002, SEC.8.
Structure Indiana Code
Article 23. Conveyance of Property Interests Less Than Fee Simple
Chapter 11. Abandoned Railroad Rights-of-Way
32-23-11-1. Nonapplicability of Chapter
32-23-11-2. "Public Utility" Defined
32-23-11-3. "Railroad" Defined
32-23-11-4. "Right-of-Way" Defined
32-23-11-5. "Right-of-Way Fee" Defined
32-23-11-6. Abandoned Right-of-Way
32-23-11-7. Trail Use Condition Imposed
32-23-11-8. Sale of Railroad's Interest
32-23-11-9. Size of Interest Conveyed
32-23-11-10. Abandoned Interest to Vest in Fee Owner
32-23-11-11. Effect of Interest Vesting on Other Easement and License Holders
32-23-11-12. Limitation on Commencement of Action