Easement of Necessity

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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.


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