Indiana Easements, Landlocked Property and Eminent Domain (2026)

In Indiana, a prescriptive easement takes at least 20 years of uninterrupted adverse use (IC 32-23-1-1), and the Indiana Supreme Court requires clear and convincing proof of the claim. On the eminent domain side, a 2006 law says the public benefit of economic development, such as a larger tax base, more tax revenue or more jobs, is not a public use (IC 32-24-4.5-1), and it allows a taking from one private owner for transfer to another private person only when the conditions in IC 32-24-4.5-7 (or, for certain economic development project areas, IC 32-24-4.5-11) are met.

This page covers both halves of Indiana law: easements between private landowners first, then the power to take private property for public use. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana statutes and Indiana Supreme Court decisions on private easements (Indiana Code Title 32, articles 20 to 23) and on condemnation of private property (Indiana Constitution article 1, section 21; IC 32-24; and related utility, pipeline and highway-agency provisions). It does not cover adverse possession of title (see Indiana squatters' rights and adverse possession), HOA covenants, zoning or regulatory takings, redevelopment-commission procedures, federal condemnation (see eminent domain laws by state), or city and county ordinances.

How Long Does a Prescriptive Easement Take in Indiana?

Twenty years. IC 32-23-1-1 provides: "The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years."

The elements come from case law. In Wilfong v. Cessna Corp. (2005), the Indiana Supreme Court restated the rule from its earlier decision in Carnahan v. Moriah Property Owners Ass'n (1999): a claimant "must provide evidence showing 'an actual, hostile, open, notorious, continuous, uninterrupted adverse use for twenty years under a claim of right.'" Each element is "a necessary, independent, ultimate fact," the burden is on the person claiming the easement, and the failure to establish any one element is fatal.

Wilfong also applied the court's 2005 reformulation of adverse possession to easements. The claimant "must establish clear and convincing proof of (1) control, (2) intent, (3) notice, and (4) duration," and the court said this "applies as well for establishing prescriptive easements, save for those differences required by the differences between fee interests and easements."

The presumption for roads and paths

In Carnahan, the Indiana Supreme Court held that "an unexplained use for 20 years" of an obvious path or road for ingress and egress over another's land "creates a rebuttable presumption that a use was adverse." The court refused to recognize the same presumption for someone claiming a prescriptive easement "for the recreational use of a body of water."

To rebut the presumption, "the owner must explain such use by demonstrating that he merely permitted the claimant to use his land" (Celebration Worship Center, Inc. v. Tucker, 2015, quoting a Court of Appeals decision). In Wilfong, the court sustained the trial court's ruling under "a theory of implied permission grounded in the cordial relationship between the Cessna and Inman families."

Prescriptive easements compared with adverse possession

A prescriptive easement gives a right to use land; adverse possession claims title to the land itself, and the two run on different periods. An action "for the recovery of the possession of real estate" must be brought within ten years (IC 34-11-2-11), and in an action to establish title, possession is not adverse unless the possessor pays the taxes and special assessments the possessor reasonably believes in good faith to be due during the period (IC 32-21-7-1). That tax rule is written for actions to establish title. Indiana also provides that title to land owned by the state or a political subdivision "may not be alienated by adverse possession" (IC 32-21-7-2). Our page on Indiana squatters' rights and adverse possession covers title claims, and the Indiana statute of limitations guide covers other filing deadlines.

One narrow rule applies to abandoned railroad corridors. "For purposes of" the abandoned railroad right-of-way chapter, possession of a right-of-way by a public utility or under a communication, cable television, fiber optic or pipeline easement, license or legal occupancy, by a nonrailroad purchaser, or by a responsible party is not adverse possession or a prescriptive easement and does not establish title or rights to the property (IC 32-23-11-14).

How to Stop a Prescriptive Easement From Forming

Indiana has a statutory notice that interrupts the 20-year clock. Under IC 32-23-1-2 and 32-23-1-3, the owner gives a notice to the person claiming the right, and the notice must be:

• in writing; and
• served by an officer on the claimant, if the claimant can be found, or, if not, on the claimant's agent or guardian.

If the claimant, the agent and the guardian cannot be found, a copy of the written notice "shall be posted, for not less than ten (10) days, in a conspicuous place on or adjoining the premises where the right is disputed" (IC 32-23-1-3).

The owner must then record the original notice and the endorsement of service or posting in the recorder's office of the county where the land is located. Under IC 32-23-1-4, "The served or posted and recorded notice is, at the time of record, an interruption of the adverse use." The statute ties the interruption to the recording.

Landlocked Property and Easements of Necessity

The common-law easement of necessity

In Morehouse v. Dux North LLC (2024), the Indiana Supreme Court said the owner claiming an easement of necessity must prove that (1) the two properties had a common owner; (2) that common ownership was severed when the owner conveyed one of the parcels; (3) the severance made an easement necessary to reach a public road; and (4) the necessity continued after severance. The court held "that courts will imply an easement of necessity only when the parcel is legally landlocked," and that the easement "requires a showing that access to property by another means is not just impractical but impossible." The court added that it "matters not" that building another road would be "expensive, difficult, or inconvenient," and that a parcel being landlocked today is not enough: "The necessity for the easement must exist at the time of severance."

Easements implied from prior use

Morehouse also set out the elements of an easement implied from prior use. The owner of the land that benefits must prove that:

1. the land was once commonly owned;
2. the common owner imposed a servitude (easement) on part of the land to benefit another part;
3. the servitude was permanent and obvious;
4. the land was eventually severed (the common owner transferred part of the land to another owner);
5. at severance the servitude remained in use; and
6. at severance the servitude was needed to enjoy the benefited land in substantially the same condition.

Statutory ways of necessity

IC 32-23 contains two narrow statutory ways of necessity:

• Land cut off by a stream, ditch or dam. Under IC 32-23-3-1, if land is shut off from a public highway because of the straightening of a stream under Indiana law, the construction of a ditch under Indiana law, or the erection of a dam built by the state or the United States (or an agency or political subdivision of either) under Indiana law, and the owner cannot secure an easement over the adjacent land because the neighboring owner refuses or the parties cannot agree on "the consideration to be paid by the landowner that is deprived of access," the owner "shall be granted the right of easement established as a way of necessity as provided under IC 32-24-1," the general condemnation procedure. The statute contemplates that the landlocked owner pays for the easement.
• Abandoned railroad land. If a railroad owns a right-of-way fee that becomes landlocked after the right-of-way is abandoned, the railroad keeps an easement of necessity from the landlocked property to the nearest public highway, road or street, to the extent necessary to reach and use it for its intended purpose (IC 32-23-11-15).

Outside those two situations, the easement chapters of the Indiana Code give a landlocked owner no procedure to condemn a private road across a neighbor's land; the owner relies on the common-law rules above.

Express Easements, Recording and Special Types

An easement granted by deed is a conveyance of an interest in land. Under IC 32-21-1-13, a conveyance must be in writing, signed by the grantor, and acknowledged or proved. Recorded conveyances take "priority according to the time of its recording," and an unrecorded one is "fraudulent and void" against a later good-faith purchaser for value whose deed is recorded first (IC 32-21-4-1).

Indiana adds a cross-reference rule: "An easement that is created after June 30, 1989, must cross-reference the original recorded plat," or, for unplatted land, "the most recent deed of record in the recorder's office" (IC 32-23-2-5). Our guide to Indiana property records explains how to search a county recorder's records for easements on a parcel.

Two special types have their own statutes:

• Conservation easements. "Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise" (IC 32-23-5-5).
• Commercial easements in gross, a category IC 32-23-2 governs: the chapter "does not revive or reinstate an expired, a terminated, or an abandoned easement in gross of a commercial character" (IC 32-23-2-4).

Shared Driveways, Maintenance and Relocation

The easement chapters of the Indiana Code (IC 32-23) contain no provision on splitting maintenance costs for a shared driveway, relocating an easement, or gating a right-of-way. Those questions turn on the easement's own written terms and on how Indiana courts resolve the particular dispute.

How an Easement Ends in Indiana

IC 32-23 sets no period of nonuse after which an ordinary private easement ends. The Indiana Supreme Court has said that an easement, "whether acquired by prescription or created by express grant or reservation, can be abandoned," and that abandonment of a prescriptive easement "requires nonuse and intent to abandon" (Celebration Worship Center, Inc. v. Tucker, 2015). Several statutes also address when easements survive or end:

• Release. A recorded release of easement must cross-reference the original easement document and name the current owner of the property to whom the easement is released, as shown on the county property tax records (IC 32-23-2-5(b)).
• Marketable Title Act. Failure to file the notice the act requires "does not bar or extinguish any easement" created by an instrument "if the existence of the easement or interest is evidenced by the location beneath, upon, or above any part of the land described in the instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, or other physical facility and whether or not the existence of the facility is observable" (IC 32-20-4-3(b)). The protection does not extend to equitable restrictions or servitudes on the use of land. A general reference in the title documents to easements created before the root of title is not enough to preserve them "unless specific identification is made" (IC 32-20-3-2).
• Commercial easements in gross. An expired, terminated or abandoned commercial easement in gross is not revived by IC 32-23-2 (IC 32-23-2-4).
• Abandoned railroad rights-of-way. The owner of the underlying fee may bring an action to establish full rights of possession "not more than thirty (30) years after the right-of-way is abandoned" under the railroad chapter (IC 32-23-11-12).
• Easements taken by condemnation. A condemnor that does not take possession and adapt the property within six years after paying the award forfeits its rights, unless it acquired a fee simple (IC 32-24-1-15, described below).

Eminent Domain in Indiana

Eminent domain is the power to take private property for public use with compensation. For how Indiana compares with other states and with federal law, see our guide to eminent domain laws by state.

Article 1, section 21 of the Indiana Constitution provides: "No person's property shall be taken by law, without just compensation; nor, except in case of the State, without such compensation first assessed and tendered." The section speaks of property "taken" and contains no separate clause for property that is damaged. Condemnors other than the State must have compensation assessed and tendered before the taking.

Can Indiana Take Property for a Private Developer?

In Kelo v. City of New London (2005), the U.S. Supreme Court held that takings under an economic-development plan that "unquestionably serves a public purpose" satisfy the public use requirement of the Fifth Amendment, and stressed that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Indiana responded in 2006 (P.L.163-2006) by adding IC 32-24-4.5.

What counts as public use. IC 32-24-4.5-1 defines public use to include possession, occupation and enjoyment of a parcel by the general public or a public agency to provide fundamental services, and the "use of a parcel of real property to create or operate a public utility, an energy utility ..., or a pipeline company." The term "does not include the public benefit of economic development, including an increase in a tax base, tax revenues, employment, or general economic health."

Which takings the chapter governs. The chapter applies to a condemnor that takes a parcel "(1) from a private person; (2) with the intent of ultimately transferring ownership or control to another private person; and (3) for a use that is not a public use." It "does not apply thirty (30) years after the acquisition of the real property" (IC 32-24-4.5-1(b), (c)).

Conditions. A condemnor may take a parcel under the chapter only if at least one of the conditions listed in IC 32-24-4.5-7 exists on the parcel and the acquisition "is expected to accomplish more than only increasing the property tax base of a government entity." The listed conditions are a structure that is a public nuisance, unfit for human habitation or use, a fire hazard or otherwise dangerous, or unfit for its use because services such as utilities or plumbing have been cut off; a neglected vacant lot in a substantially developed neighborhood; tax delinquencies that exceed the assessed value; environmental contamination that threatens public health or safety; and abandonment. Section 7 also lets the owner request mediation, but only at the time the owner files an objection or exception. The court must then appoint a mediator within 10 days, the condemnor must mediate in good faith and consider a reasonable alternative to eminent domain, the mediation must end within 90 days after the mediator is appointed, and the condemnor pays the mediator. Whether a condition has been met is subject to judicial review in the condemnation case. If a court determines that the proceeding is unauthorized because the condemnor did not meet those conditions, "the court shall order the condemnor to reimburse the owner for the owner's reasonable attorney's fees that the court finds were necessary to defend the action."

Premium compensation. In a taking under this chapter, IC 32-24-4.5-8 provides:

• for residential property, payment equal to 150 percent of the fair market value determined under IC 32-24-1, plus any other damages determined under IC 32-24-1, any loss in a trade or business attributable to the taking, and the owner's relocation costs, if any;
• for agricultural land, payment equal to 125 percent of fair market value or, if the owner requests it and the condemnor agrees, agricultural land equal in acreage to the parcel taken, plus other damages, trade or business losses and relocation costs;
• for any other parcel, 100 percent of fair market value plus the same items.

The chapter defines residential property as a single-family dwelling that is not owned for resale, rental or leasing in the ordinary course of the owner's business, plus the land on which it sits (IC 32-24-4.5-6.2). Since a 2019 amendment (P.L.88-2019), the 150 percent payment applies whether or not the owner lives there in proceedings initiated after June 30, 2019, and in earlier proceedings in which fair market value had not been determined before July 1, 2019; in other earlier proceedings it applies only to a home the owner occupied (IC 32-24-4.5-8(b)).

Project-area exception. IC 32-24-4.5-11 separately allows takings of parcels in certain economic development project areas on its own conditions, including that the parcel "is not occupied by the owner of the parcel as a residence" and that the condemnor's legislative body adopts a resolution "by a three-fourths (3/4) vote" authorizing the taking of that particular parcel. The owner receives 125 percent of fair market value, and "The court shall award the payment of reasonable attorney's fees to the owner of a parcel in accordance with this chapter." The section applies only to a project area in one county of at least 10 acres in which the condemnor or its agents already hold clear title to at least 90 percent of the parcels. The taking is barred if the owner shows by clear and convincing evidence that the parcel's location is essential to the viability of the owner's commercial activity and damages and relocation costs cannot adequately compensate the owner, or that the parcel is not necessary for the project (IC 32-24-4.5-11(a), (e)).

Who Can Use Eminent Domain in Indiana: Utilities and Pipelines

"Any person that may exercise the power of eminent domain for any public use under any statute may exercise the power only in the manner provided in this article, except as otherwise provided by law" (IC 32-24-1-3).

• Utilities and pipeline companies. IC 32-24-4 deals with condemnation by public utilities and pipeline companies, and IC 32-24-1-5.9 sets the deadline for a public utility or pipeline company to file suit "to acquire the parcel by the exercise of eminent domain." A condemnor under that chapter may take a fee simple in the land it considers necessary, "However, for rights-of-way, the condemnor shall take, acquire, condemn, and appropriate an easement" (IC 32-24-4-2).
• Payment options. When a public utility condemns a right-of-way easement on land zoned or used for agricultural purposes and its uniform easement acquisition offer or settlement offer exceeds $5,000, the owner may elect "either a lump sum payment or annual payments for a period not to exceed twenty (20) years" (IC 32-24-4-4). Choosing the lump sum binds the owner and successors irrevocably, an owner who withdraws the appraisers' award receives only a lump sum at that time, and annual payments continue only while the land stays zoned or used for agricultural purposes.
• Survey entry. A public utility or pipeline company may not enter land to survey it unless it sends the affected landowner notice by certified mail at least 14 days in advance or has the landowner's signed consent (IC 32-24-1-3(g)). A landowner may sue to enforce this rule and recover actual damages, and the court may award costs and attorney's fees.
• Municipal water and wastewater mains. A 2026 act (P.L.65-2026, effective July 1, 2026) added IC 32-24-4-5. Before a municipally owned utility condemns land to extend a water main or wastewater main in the areas the section describes, it must send each affected owner a notice "at least sixty (60) days before the municipally owned utility presents an offer of purchase," among other notice duties. The owner may request a meeting in writing within 30 days after receiving the notice (IC 32-24-4-5(e)).
• Carbon dioxide pipelines. A company that holds a carbon dioxide transmission pipeline certificate of authority and cannot reach an agreement with an owner "may proceed to condemn a right-of-way or an easement" (IC 14-39-1-7), and IC 32-24-1 governs the condemnation (IC 14-39-1-8). Such a company must pay 125 percent of the fair market value of the interest taken if the right-of-way or easement involves agricultural land, or 150 percent if it involves a parcel the owner occupies as a residence, plus damages under IC 32-24-1 and trade or business losses (IC 14-39-1-9). IC 14-39-1-19, added in 2026 (P.L.161-2026, effective March 12, 2026), provides that the department administering the chapter "may establish siting and setback requirements for carbon dioxide transmission pipelines."
• Interstate pipelines. Landowner guidelines adopted under IC 8-1-22.6 "are not binding on any pipeline company or affected landowner" but may be used to simplify price negotiations for an easement (IC 8-1-22.6-8).

Condemnation Procedure and Deadlines

The general procedure is IC 32-24-1. The steps and deadlines an owner meets most often:

1. Effort to purchase. Before suing, the condemnor's effort to purchase must include "(1) Establishing a proposed purchase price for the property. (2) Providing the owner of the property with an appraisal or other evidence used to establish the proposed purchase price. (3) Conducting good faith negotiations with the owner of the property" (IC 32-24-1-3(c)).
2. Written offer at least 30 days before suit. As a condition precedent to filing a complaint, the condemnor must, "at least thirty (30) days before filing a complaint, make an offer to purchase the property" in the statutory form, served personally or by certified mail on the owner or the owner's designated representative (IC 32-24-1-5). The form tells the owner, among other things, "You may object to the public purpose and necessity of this project." (In its condemnation actions, the Indiana Department of Transportation is not required to prove that an offer of purchase was made, IC 32-24-1-13(a).)
3. Condemnor's deadline to sue. If the owner rejects the written offer, the condemnor must file its complaint within two years after submitting the offer (IC 32-24-1-5.5), within three years for the Indiana Department of Transportation and the others described in IC 32-24-1-5.8, and within six years for a public utility or pipeline company whose offer the owner rejected in writing (IC 32-24-1-5.9). Each section then limits a new action for a period after a missed deadline.
4. Objections within 30 days. Objections to the proceeding "must be: (1) in writing; (2) separately stated and numbered; and (3) filed not later than thirty (30) days after the date the notice required in section 6 of this chapter is served on the defendant." The court "may extend the period for filing objections by not more than thirty (30) days upon written motion of the defendant" (IC 32-24-1-8). The period runs from service of the notice.
5. Appraisers' report and exceptions within 45 days. The appraisers' report is filed with the court, and exceptions to the assessment must be filed "not later than forty-five (45) days after the date the circuit court clerk mails the report" (IC 32-24-1-11). Untimely exceptions foreclose a challenge to the report: the Indiana Supreme Court has said that "the untimely filing of exceptions operated to preclude or foreclose the property owner from challenging the filed report" (Clark County Board of Aviation Commissioners v. Dreyer, 2013). A separate section, IC 32-24-6-1, states that in condemnations brought by the state, a state commission, department or agency, a county, township, city, town or taxing district, exceptions may be filed "within ten (10) days after the report is filed," and IC 32-24-6-2 runs any period of exceptions from the date the clerk mails notice of the report.
6. Withdrawing the deposit. Beginning 45 days after the clerk mails the report, if the condemnor has paid the assessed damages to the clerk, an owner may file a written request under oath for its share, which the court decides after a hearing. If exceptions have been filed, the owner must first file a written undertaking with court-approved surety to repay any excess (the court may waive separate surety for certain resident property owners), except for amounts the condemnor previously offered and reported to the court in writing. Withdrawing the money "does not operate and is not considered as a waiver" of the owner's exceptions (IC 32-24-1-11(d)).
7. Possession after payment. If the condemnor pays the assessed damages to the circuit court clerk, it "may take possession of and hold the interest in the property so acquired for the uses stated in the complaint," subject to the appeal provided for in section 8, and the amount of damages remains subject to review on exceptions (IC 32-24-1-10).
8. Settlement offers before trial. Not later than 45 days before a trial on damages, the condemnor "shall, and a defendant may, file and serve on the other party an offer of settlement" (IC 32-24-1-12). The last offer matters for fees (below).

Cities and towns may instead use the works-board procedure in IC 32-24-2 (the board may also proceed under IC 32-24-1, IC 32-24-2-5). The board serves notice of its damage award and names a hearing day at least 30 days later. An owner objects to the award, or to the city's or town's right to take, by written remonstrance, and an owner aggrieved by the board's decision may appeal to court "not later than thirty (30) days after the decision is made" (IC 32-24-2-8, -10). Attorney fees follow IC 32-24-1-14 (IC 32-24-2-17).

How Just Compensation Is Calculated in Indiana

Under IC 32-24-1-9, "the right to compensation and damages is considered to have accrued as of the date of the service of the notice provided in section 6 of this chapter," and the actual value at that date is "(1) the measure of compensation for all property to be actually acquired; and (2) the basis of damages to property not actually acquired but injuriously affected; except as to the damages stated in subsection (c)(4)," the other damages from building the project. Court-appointed appraisers report the fair market value of the property and improvements taken, damages to the owner's remaining property, and other damages from building the project (IC 32-24-1-9(c)). Benefits from the project generally may not be deducted. In a condemnation by the state or a county for a public highway, or by a municipal corporation for a public use, however, benefits are deducted from the damages to the remaining property and the other construction damages, and the award may not be less than the value of the property and improvements taken (IC 32-24-1-9(e), (f)).

In a trial of exceptions, "the court or jury shall compute and allow interest at an annual rate of eight percent (8%) on the amount of a defendant's damages from the date plaintiff takes possession of the property" (IC 32-24-1-11). Interest is not allowed on money after the owner withdraws it, or on deposited money equal to the condemnor's earlier offer that the owner could withdraw without filing an undertaking or surety.

The 150 and 125 percent payments described above apply to takings under IC 32-24-4.5 and, separately, to carbon dioxide pipeline condemnations (IC 14-39-1-9). Other takings for roads, utilities and similar public uses are valued under IC 32-24-1-9 without those percentages.

Relocation. IC 8-23-17 requires a state or local government agency whose project displaces a person to pay actual reasonable moving expenses, certain losses of personal property, and up to $500 in costs of searching for a replacement business or farm (IC 8-23-17-13). A person displaced from a dwelling may instead take a moving expense allowance and a dislocation allowance on a schedule the agency sets, but, except as provided in IC 8-23-17-12(1), the payment "shall not exceed a moving expense allowance of three hundred dollars ($300) and a dislocation allowance of two hundred dollars ($200)" (IC 8-23-17-14). The chapter also provides up to $2,500 toward renting a replacement dwelling for a person who occupied the home at least 90 days, or alternatively toward a down payment on one (IC 8-23-17-16, -17), and, for a business or farm, an alternative fixed payment of up to $5,000 (IC 8-23-17-15). For Department of Transportation acquisitions, IC 8-23-17-12 ties several of these payments to federal maximum allowances and adds a replacement-housing payment for owners who occupied their home for at least 180 days before negotiations began. Under the federal Uniform Relocation Act, a state agency receiving federal financial assistance for a project must give assurances that it will be guided by the federal land acquisition policies "to the greatest extent practicable under State law" (42 U.S.C. 4655(a)).

Attorney Fees and Litigation Expenses

Indiana has several fee rules, each with its own trigger:

• Judgment beats the last offer (IC 32-24-1-14). If there is a trial and the damages judgment, "exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by the plaintiff," the court "shall allow the defendant the defendant's litigation expenses, including reasonable attorney's fees, in an amount not to exceed the lesser of: (1) twenty-five thousand dollars ($25,000); or (2) the fair market value of the defendant's property or easement."
• Objection sustained (IC 32-24-1-8(h)). If an objection is sustained and no appeal is filed, or is sustained in the judgment on an appeal, the court shall award the owner reasonable costs and attorney's fees incurred for the objection, up to $25,000. This subsection "does not apply to a condemnation action brought by a public utility" or a pipeline company.
• Takings under IC 32-24-4.5. Where the damages judgment beats the condemnor's last settlement offer, the court "shall require the condemnor to pay the owner's litigation expenses, including reasonable attorney's fees, in an amount that does not exceed twenty-five percent (25%) of the cost of the acquisition" (IC 32-24-4.5-10). Settlement offers are due not later than 45 days before trial; the condemnor "shall, and an owner may," make one (IC 32-24-4.5-9). Fees are also awarded when such a proceeding is unauthorized (IC 32-24-4.5-7) and in project-area takings (IC 32-24-4.5-11).
• Failed or abandoned agency condemnation (IC 8-23-17-27). In a proceeding brought by an agency as IC 8-23-17-1 defines it (a state or local government body, including a state-supported college or university), the court shall reimburse the owner's "reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings," if the final judgment is that the agency cannot acquire the property or the agency abandons the proceeding.
• Inverse condemnation against an agency (IC 8-23-17-27(c)). When a court enters judgment for an owner who sued for just compensation for a taking by such an agency, or the agency settles, the owner is reimbursed for reasonable costs, disbursements and expenses, "including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding."

Inverse Condemnation

When property is taken without a formal proceeding, IC 32-24-1-16 provides: "A person having an interest in property that has been or may be acquired for a public use without the procedures of this article or any prior law followed is entitled to have the person's damages assessed under this article substantially in the manner provided in this article."

The Indiana Supreme Court has held "that inverse condemnation is the sole remedy for a governmental act that purports to exercise all rights of ownership over a parcel of land" and "that the six year statute of limitations for trespass applies to such a claim" (Murray v. City of Lawrenceburg, 2010; IC 34-11-2-7). The claim accrued when the owners "could have brought a claim for inverse condemnation." Fee reimbursement for a successful claim against a government agency is described above (IC 8-23-17-27(c)).

If the Condemnor Does Not Use the Property

Under IC 32-24-1-15, a condemnor that fails "to take possession of the property and adapt the property for the purpose for which it was acquired not later than six (6) years after the payment of the award or judgment for damages, except where a fee simple interest in the property is authorized to be acquired and is acquired," among the other failures the section lists, "forfeits all rights in the property as fully and completely as if the procedure to take the property had not begun." The same section also forfeits the condemnor's rights if it does not pay the assessed damages within one year after the appraisers' report is filed (when no exceptions are filed) or within one year after judgment, and any person with an interest in the property may sue to declare the forfeiture (IC 32-24-1-15).

IC 32-24-1 and IC 32-24-4.5 give a former owner no right to buy back condemned land that goes unused.

Recent Changes

• 2026: P.L.65-2026 (effective July 1, 2026) added IC 32-24-4-5, requiring municipally owned utilities to give owners advance notice before condemning land to extend water or wastewater mains in the areas the section describes. P.L.161-2026 amended the carbon dioxide pipeline chapter (IC 14-39) and added IC 14-39-1-19 (effective March 12, 2026), which authorizes siting and setback requirements.
• 2023: P.L.53-2023 added IC 14-39-1-16 to -18 for the state's carbon sequestration pilot project. Title to the pore space belongs to the owner of the surface in fee simple unless a recorded document conveyed, excepted or reserved a conflicting right; before carbon dioxide is expected to migrate, the operator must notify owners and offer yearly compensation in writing; and an owner who cannot reach agreement may request nonbinding mediation and then bring a civil action under that section.
• 2019: P.L.88-2019 defined residential property for IC 32-24-4.5 as a single-family dwelling not owned for resale, rental or leasing in the ordinary course of the owner's business, and amended IC 32-24-4.5-8 so the 150 percent payment applies to such a home whether or not the owner lives there, in proceedings initiated after June 30, 2019.

Indiana Easement and Eminent Domain Rules at a Glance

Related Indiana Property Guides

• Easement laws by state
• Eminent domain laws by state
• Indiana squatters' rights and adverse possession
• Indiana property records
• Indiana statute of limitations

Disclaimer: This article provides general legal information about Indiana easement and eminent domain law. It is not legal advice. For a specific situation, contact a lawyer licensed in Indiana or the public agency involved.

Last updated: 2026-10-20.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Indiana?

At least 20 years. IC 32-23-1-1 bars acquiring an easement by adverse use unless the use is uninterrupted for at least twenty years, and the Indiana Supreme Court requires clear and convincing proof of control, intent, notice and duration (Wilfong v. Cessna Corp., 2005).

Is a prescriptive easement the same as adverse possession in Indiana?

No. Adverse possession claims title to the land itself and runs on the 10-year period in IC 34-11-2-11, with a property-tax payment rule in IC 32-21-7-1 for actions to establish title. A prescriptive easement is a right to use land and needs at least 20 years of uninterrupted adverse use (IC 32-23-1-1).

How do I stop someone from getting a prescriptive easement on my land in Indiana?

IC 32-23-1-2 to 32-23-1-4 provide a written notice that an officer serves on the claimant (or the claimant's agent or guardian, or that is posted for at least 10 days on or next to the premises if none of them can be found). The owner records the notice and the endorsement of service with the county recorder, and the recorded notice interrupts the adverse use at the time of record.

What if my land is landlocked in Indiana?

The Indiana Supreme Court implies an easement of necessity only when the landlocked parcel and the land to be crossed once had a common owner, the parcel was legally landlocked when that owner split them, the necessity continued after the split, and access by another means is impossible, not just impractical (Morehouse v. Dux North LLC, 2024). IC 32-23-3-1 adds a statutory way of necessity for land shut off from a public highway by the straightening of a stream or construction of a ditch under Indiana law, or by a dam built by the state, the United States or an agency or political subdivision of either.

Can Indiana take my property for a private developer?

IC 32-24-4.5 says public use does not include economic development, such as a larger tax base, more tax revenue or more jobs. A taking from a private person intended for transfer to another private person for a use that is not a public use is allowed only when the parcel meets one of the conditions listed in IC 32-24-4.5-7 and the taking is expected to accomplish more than only increasing the property tax base; a separate project-area rule in IC 32-24-4.5-11 has its own conditions.

Can a pipeline company use eminent domain in Indiana?

Yes. Indiana law provides for public utilities and pipeline companies to acquire land by eminent domain under the general procedure in IC 32-24-1 (see IC 32-24-1-5.9), and a utility or pipeline condemnor under IC 32-24-4 must take rights-of-way as easements (IC 32-24-4-2). A carbon dioxide pipeline company holding a state certificate of authority may condemn a right-of-way or easement under IC 14-39-1-7 if it cannot reach an agreement with the owner, and must pay 125 percent of fair market value for agricultural land or 150 percent for an owner-occupied residence, plus damages (IC 14-39-1-9).

How is just compensation calculated in Indiana eminent domain?

Under IC 32-24-1-9, the right to compensation accrues on the date the notice of the proceeding is served, and the actual value on that date measures compensation for the property taken and is the basis of damages to property not taken but injuriously affected, except for other damages that will result from building the project. In a trial of exceptions, 8 percent annual interest runs from the date the condemnor takes possession, but not on money after the owner withdraws it or on deposited amounts equal to the condemnor's earlier offer that can be withdrawn without surety (IC 32-24-1-11). In highway condemnations by the state or a county and takings by a municipal corporation, benefits to the remaining property are deducted from damages to it, but the award may not fall below the value of the property and improvements taken (IC 32-24-1-9).

Does the condemnor pay attorney fees in Indiana eminent domain cases?

In some cases. After a trial in which the damages judgment beats the condemnor's last settlement offer, IC 32-24-1-14 requires the court to allow litigation expenses up to the lesser of $25,000 or the property's fair market value. IC 32-24-1-8(h) awards fees of up to $25,000 when an objection to the taking is sustained (not in public utility or pipeline cases), and IC 32-24-4.5-10 allows up to 25 percent of the acquisition cost in private-transfer takings when, after a trial, the judgment beats the last offer. IC 8-23-17-27 reimburses costs, including attorney fees, when a state or local agency's case fails or is abandoned, or when an owner wins or settles an inverse condemnation case against such an agency.

How long do I have to object to an eminent domain case in Indiana?

In a court proceeding under IC 32-24-1, written objections must be filed not later than 30 days after the notice of the proceeding is served; the court may extend the period by not more than 30 days on the owner's written motion (IC 32-24-1-8). Exceptions to the appraisers' report are due not later than 45 days after the circuit court clerk mails the report (IC 32-24-1-11), but IC 32-24-6-1 states a 10-day period after the report is filed in condemnations by the state, its agencies, counties, townships, cities, towns and taxing districts, and untimely exceptions foreclose a challenge to the report. If a city or town uses the works-board procedure in IC 32-24-2, the owner remonstrates in writing at the board hearing and may appeal to court within 30 days after the board's decision.