Ind. Code ch. 32-26-8

in effect

Ind. Code § 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. [Pre-2002 Recodification Citation: 32-10-8-1.] As added by P.L.2-2002, SEC.11.

Ind. Code § 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. [Pre-2002 Recodification Citation: 32-10-8-2.] As added by P.L.2-2002, SEC.11.

Ind. Code § 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. [Pre-2002 Recodification Citation: 32-10-8-3.] As added by P.L.2-2002, SEC.11.

Ind. Code § 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. [Pre-2002 Recodification Citation: 32-10-8-4.] As added by P.L.2-2002, SEC.11.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026