§ 32-30-16-1 — Applicability; installation of communications infrastructure within existing electric easements; exemptions; property owner's exclusive remedy

Indiana § 32-30-16-1

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 16: Utility Easements

Text

(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.

Legislative History

As added by P.L.236-2017, SEC.1.