Indiana Code
Chapter 16. Utility Easements
32-30-16-13. Damages; Reduction in Value of Property Owner's Real Property; Inadmissible Evidence

Sec. 13. (a) The amount of damages payable to a property owner for the use of an electric easement by an electricity supplier for communications infrastructure is limited to an amount sufficient to compensate the property owner for the reduction in value of the property owner's real property caused by the attachment or installation of communications infrastructure within the electric easement. Evidence of revenues, profits, or any other fees derived by an electricity supplier from installing communications infrastructure in an existing easement, or evidence of the revenues, profits, or any other fees derived from the operation of such equipment, is not admissible for any purpose in any proceeding under this chapter.
(b) If an appraisal performed under this chapter proves no reduction in value to the property owner's real property, the property owner is not entitled to damages.
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