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.
Last modified: May 24, 2006