§ 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

Indiana § 32-30-16-15

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

Text

(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.

Legislative History

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