Indiana Code
Chapter 16. Utility Easements
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

Sec. 15. (a) This section applies only to an electric easement that:
(1) is located outside a public right-of-way;
(2) does not expressly allow for the installation of communications infrastructure within the easement; and
(3) involves land on which a manufacturing facility is located.
(b) When installing, inspecting, or maintaining communications infrastructure within an electric easement described in subsection (a), an electricity supplier shall make a reasonable, good faith effort to notify the property owner of the installation, inspection, or maintenance of the communications infrastructure. With respect to the installation of communications infrastructure within an electric easement described in subsection (a), the electricity supplier shall provide the property owner with the notice required under section 8 of this chapter.
(c) The failure of an electricity supplier to comply with the notification requirement set forth in subsection (b) does not:
(1) create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law; or
(2) create for the property owner a duty of care beyond what is owed by the property owner under IC 34-31-11.
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