At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following:

1. (1) If the responsible party is not a governmental entity, either:

   1. (A) post a bond in an amount sufficient to satisfy the responsible party's obligation to erect the fences requested under this section; or

   2. (B) establish an escrow account with a financial institution or a person selected by mutual agreement with a property owner that contains sufficient money to erect the fences requested under this section.

      The terms of the escrow agreement described in clause (B) must require that the money in the account be dedicated to the provision of the fences requested under this section with the surplus to be returned to the responsible party. The responsible party may post a single bond or establish a single escrow account to provide fences for more than one (1) property owner.

2. (2) Erect and maintain fencing between the recreational trail and the property owner's property. The fencing must be in accordance with current fencing standards of the Indiana department of transportation for urban or rural settings, as appropriate to the location of the recreational trail.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.