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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 6.5. The department may require a private entity to agree, as a condition of the department leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would:
(1) cause irreparable soil disturbance; or
(2) have a detrimental effect on the department's facilities or on the facilities of other utilities co-located in the right-of-way;
will be considered abandoned without additional consideration upon notice to the department. The private entity shall notify in writing the department of any abandonment not later than sixty (60) days after abandonment. Upon being abandoned under this section, a facility may no longer be used for any purpose by any public or private entity.
Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-23-2-6.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-23-2-6-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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