Indiana Code
Chapter 16. Utility Easements
32-30-16-1. Applicability; Installation of Communications Infrastructure Within Existing Electric Easements; Exemptions; Property Owner's Exclusive Remedy

Sec. 1. (a) This chapter applies only to an electricity supplier (as defined in section 6 of this chapter).
(b) This chapter applies to an action by a property owner against an electricity supplier that:
(1) installs;
(2) permits the installation of; or
(3) intends to install;
communications infrastructure within an existing electric easement.
(c) This chapter does not apply to the following:
(1) A negotiation between an electricity supplier and a property owner for:
(A) a new electric easement; or
(B) the siting, installation, or attachment of any facilities or infrastructure other than communications infrastructure.
(2) An easement that by its terms expressly provides for the installation of communications infrastructure within the easement.
(3) Communications infrastructure that is within an electric easement and that is used only to support the transmission, transformation, or distribution of electricity to consumers.
(4) Any physical damage to property that occurs during the installation, maintenance, or servicing of communications infrastructure under this chapter.
(5) Property owned by a railroad company.
(6) The installation of new poles, towers, or other structures that are required for the exclusive support of communications infrastructure that is intended to provide communications service.
(7) The attachment or installation of communications infrastructure on underground or buried electric facilities within an electric easement.
(d) This chapter supersedes any conflicting statute or administrative rule, or any conflicting ordinance, rule, or other policy of a local unit.
(e) Except as otherwise provided by the terms of the easement or by the terms of any contractual or other agreement between an electricity supplier and a property owner, this chapter provides the exclusive remedy to a property owner with respect to the attachment or installation of communications infrastructure on above ground electric facilities within an electric easement, regardless of whether the attachment or installation occurs before, contemporaneously with, or after:
(1) the granting of the easement; or
(2) the attachment or installation of electric facilities or of other communications infrastructure within the easement;
without regard to the statutory or common law basis of the property owner's claim for damages or request for relief that would otherwise apply.
As added by P.L.236-2017, SEC.1.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 30. Causes of Action Concerning Real Property

Chapter 16. Utility Easements

32-30-16-1. Applicability; Installation of Communications Infrastructure Within Existing Electric Easements; Exemptions; Property Owner's Exclusive Remedy

32-30-16-2. "Communications Infrastructure"

32-30-16-3. "Communications Service"

32-30-16-4. "Electric Easement"

32-30-16-5. "Electric Facilities"

32-30-16-6. "Electricity Supplier"

32-30-16-7. "Property Owner"

32-30-16-8. Installing New Communications Infrastructure or Making Capacity Available Through Existing Infrastructure; Written Notice to Property Owner Required; Contents; Electricity Supplier's Plan for Making Broadband Internet Service Available; D...

32-30-16-9. Communications Service Made Available by Electricity Supplier; Notice in Member or Customer Agreement; Consent to Expansion of Easement; Signature Required; Tenant Occupied Property; Owner Signed Master Agreement or Affidavit

32-30-16-10. Property Owner's Cause of Action for Decrease in Value of Real Property; Time Limit for Bringing Action

32-30-16-11. Proof of Damages; Property Owner's Appraisal; Electricity Supplier's Appraisal in Case of Dispute; Property Owner's Acceptance; Payment by Electricity Supplier

32-30-16-12. Property Owner's Rejection of Appraisal; Property Owner's Right to File Action; Damages

32-30-16-13. Damages; Reduction in Value of Property Owner's Real Property; Inadmissible Evidence

32-30-16-14. Modification of Easement Upon Acceptance of Damages

32-30-16-15. Manufacturing Facility Located on Electric Easement; Notice to Property Owner of Installation, Inspection, or Maintenance of Communications Infrastructure; No Liability or Duty of Care

32-30-16-16. Compliance With National Electric Safety Code

32-30-16-17. Broadband Internet Service Made Available by Electricity Supplier; Separate Legal Entity or Accounting System Required; Annual Audit; Allocation Method; Confidential or Proprietary Information