§ 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

Indiana § 32-30-16-9

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

Text

(a) An electricity supplier that makes
communications service available to a property owner through
communications infrastructure that is installed or will be installed
within an electric easement shall include in any:
(1) member agreement;
(2) customer agreement; or
(3) other similar agreement;
related to the communications service a provision notifying a property
owner that takes or will take communications service from the
electricity supplier, or from any affiliated entity, that by signing the
agreement for communications service, the property owner expressly
consents to the expansion of the electric easement that the electricity
supplier has with the property owner to include communications
infrastructure.
(b) Subject to subsection (c), the agreement that includes the notice
described in subsection (a) must:
(1) be signed by the property owner or the property owner's
designated agent; and
(2) include a statement that anyone other than the property owner
or the property owner's designated agent may be:
(A) subject to penalties for perjury; and
(B) liable for any just compensation provided for by law;
for signing the agreement without the consent of the property
owner or the property owner's designated agent.
(c) In the case of tenant occupied property, the owner of the
property that is leased or rented, or the owner's designated agent, may
sign a master agreement that:
(1) includes the statement described in subsection (b)(2); and
(2) gives consent to the electricity supplier to expand an electric
easement on the property owner's property to include
communications infrastructure for all units on the property
owner's property.
A tenant may not sign a master agreement under this subsection on
behalf of the property owner. However, a tenant may provide to the
electricity supplier a notarized affidavit that is signed by the property
owner or the property owner's designated agent and that gives consent
to the expansion of an electric easement to include communications
infrastructure on the property owner's property. This subsection may
not be interpreted as imposing on the property owner any duty, liability,
or other obligation that may exist between the electricity supplier and
the tenant customer with respect to the provision of communications
service.
(d) Upon signing:
(1) an agreement under subsection (a) to take communications
service from the electricity supplier, or from any affiliated entity;
or
(2) a master agreement or a notarized affidavit under subsection
(c) that gives consent to the expansion of an electric easement to
include communications infrastructure for all units or for a
particular unit on the property owner's property, as applicable;
the property owner is not entitled to any additional compensation for
the expansion of the electric easement to include communications
infrastructure, other than the value of being provided access to any
communications service that the electricity supplier may offer and to
which the property owner may elect to subscribe.
(e) This section may not be interpreted as affecting the terms of any
member agreement an electricity supplier has with the electricity
supplier's members with respect to the provision of:
(1) electric service; or
(2) communications service;
within an easement that by its terms expressly provides for the
installation of communications infrastructure, as described in section
1(c)(2) of this chapter.

Legislative History

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