If:

1. (1) land that belongs to a landowner in Indiana is shut off from a public highway because of the:

   1. (A) straightening of a stream under Indiana law;
   2. (B) construction of a ditch under Indiana law; or
   3. (C) erection of a dam that is constructed by the state or by the United States or an agency or a political subdivision of the state or of the United States under Indiana law; and

2. (2) the owner of the lands described in subdivision (1) is unable to secure an easement or right-of-way on and over the land that is adjacent to the affected land, and intervening between the land and the public highways that are most convenient to the land because:

   1. (A) an adjacent and intervening landowner refuses to grant an easement; or

   2. (B) the interested parties cannot agree upon the consideration to be paid by the landowner that is deprived of access to the highway;

      the landowner of the affected land shall be granted the right of easement established as a way of necessity as provided under IC 32-24-1 .

      [Pre-2002 Recodification Citation: 32-5-3-1.]

As added by P.L.2-2002, SEC.8.