CHAPTER 8. RECOVERY OF PROPERTY MOVED BY HIGH WATER
IC 32-26-8
Chapter 8. Recovery of Property Moved by High Water
IC 32-26-8-1
Rights of property owners; arbitration
Sec. 1. (a) When the fence rails or other property of a person in
Indiana are removed by high water and lodged upon the real property
of another person, the owner of the fence rails or other property may
proceed, within sixty (60) days after the fence rails or other property
are lodged, upon the real property on which the fence rails or other
property are lodged.
(b) If the owner of the real property refuses to deliver up the fence
rails or other property, the parties shall each select an arbitrator, who
shall examine or hear evidence upon all the circumstances and facts
and determine the case.
(c) If the arbitrators selected under subsection (b) cannot agree,
the arbitrators shall select an umpire. The decision of a majority of
the arbitrators and the umpire is final.
As added by P.L.2-2002, SEC.11.
IC 32-26-8-2
Oath of arbitrators
Sec. 2. Before the arbitrators proceed under section 1 of this
chapter, the arbitrators must swear, before a person who may
administer oaths, to discharge the arbitrators' duties faithfully,
impartially, and according to law.
As added by P.L.2-2002, SEC.11.
IC 32-26-8-3
Notice of arbitration
Sec. 3. If at least ten (10) persons claim the same property under
section 1 of this chapter, the persons shall give notice to all interested
persons of the time and place of the arbitration. Upon hearing all the
facts and circumstances in the case, the arbitrators shall award to
each person making a claim a proportion of the property as the
arbitrators consider reasonable and just.
As added by P.L.2-2002, SEC.11.
IC 32-26-8-4
Persons recovering property not trespassers
Sec. 4. It is not a trespass for a person to go upon the real property
of another person for the purposes set forth in this chapter. A person
who goes upon the real property of another person under this chapter
shall go upon the route that will do the least possible injury to the
real property, if it is practicable and convenient.
As added by P.L.2-2002, SEC.11.