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

Sec. 10. Subject to sections 8(e) and 13 of this chapter, and except as provided by section 9 of this chapter, a property owner may bring a cause of action under section 12 of this chapter against an electricity supplier for damages relating to a decrease in value of the property owner's real property caused by the attachment or installation of communications infrastructure within the electric easement, not later than two (2) years from the later of:
(1) July 1, 2017; or
(2) the date upon which the notice under section 8 of this chapter is delivered to the property owner, as determined under section 8(d) of this chapter.
As added by P.L.236-2017, SEC.1.

<< Previous
Next >>

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