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Indiana Code Title 32. Property § 32-30-16-1

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Sec. 1. (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.

Cite this article: - Indiana Code Title 32. Property § 32-30-16-1 - last updated June 08, 2021 |

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