§ 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

Indiana § 32-30-16-11

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

Text

(a) In order to prove 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, a property owner shall, at the property owner's
expense and without reimbursement from the electricity supplier,
provide the electricity supplier with an appraisal comparing the value
of the property before and after the attachment or installation of
communications infrastructure within the electric easement. The
appraisal must:
(1) be performed by a real estate appraiser licensed under IC 25-34.1-3-8;
(2) be conducted within the period specified in section 10 of this
chapter; and
(3) take into account any increase in value to the property
resulting from the availability of broadband Internet service
provided through the communications infrastructure.
(b) If an electricity supplier disputes an appraisal provided by the
property owner under subsection (a), the electricity supplier may:
(1) not later than thirty (30) days after the date of the electricity
supplier's receipt of the property owner's appraisal, send to the
property owner by certified mail a notice stating that the
electricity supplier disputes the property owner's appraisal; and
(2) not later than ninety (90) days from the date on which the
notice of the dispute is sent by certified mail to the property
owner under subdivision (1):
(A) obtain at the electricity supplier's expense an appraisal by
a real estate appraiser licensed under IC 25-34.1-3-8; and
(B) send a copy of the appraisal by certified mail to the property
owner.
A property owner shall make reasonable accommodations for the
electricity supplier to perform an appraisal under this subsection. If a
property owner fails to make such reasonable accommodations
available within the ninety (90) day period described in subdivision (2),
the electricity supplier may not be found liable for any asserted
reduction in property value of the property owner's real property as a
result of the installation of communications infrastructure within the
electric easement.
(c) A property owner may review and either accept or reject, in
writing, the electricity supplier's appraisal not later than thirty (30)
calendar days after it is sent by certified mail from the electricity
supplier to the property owner.
(d) If the electricity supplier:
(1) receives a written response from the property owner accepting
the electricity supplier's appraisal; or
(2) does not receive a written response within thirty (30) calendar
days after the appraisal is sent by the electricity supplier under
subsection (c);
the electricity supplier shall consider its appraisal accepted by the
property owner and shall remit payment in accordance with the
appraisal to the property owner not later than sixty (60) days after the
expiration of the thirty (30) day period described in this subsection.

Legislative History

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