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Indiana Code Title 8. Utilities and Transportation § 8-1-42-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. (a) As used in this chapter, “nonparticipating property” means a lot or parcel of real property:

(1) that is not owned by a project owner;  and

(2) with respect to which:

(A) the project owner does not seek:

(i) to install or locate one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure);  or

(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a CSE system project;  or

(B) the owner of the property does not consent:

(i) to having one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located;  or

(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a CSE system project.

(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a CSE system project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.

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Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-1-42-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-1-42-5/

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