Indiana Code 32-30-16-12. Property owner’s rejection of appraisal; property owner’s right to file action; damages
(1) the electricity supplier receives written notice from a property owner timely rejecting the electricity supplier’s appraisal; and
Terms Used In Indiana Code 32-30-16-12
- Appraisal: A determination of property value.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- communications infrastructure: includes all wires, cable, and other similar facilities used to provide communications service. See Indiana Code 32-30-16-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- electric easement: means any recorded or unrecorded easement held by an electricity supplier for the siting of electric facilities, regardless of whether the easement is for the exclusive benefit of the electricity supplier or for use in connection with other utility services, regardless of whether the electricity supplier provides the other utility services. See Indiana Code 32-30-16-4
- electricity supplier: means :
Indiana Code 32-30-16-6
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- property owner: means a person with a recorded fee simple interest in land upon which an electric easement is located. See Indiana Code 32-30-16-7
the property owner may file an action against the electricity supplier in a court with jurisdiction to determine the reduction in value of the property owner’s real property, if any, as a result of the attachment or installation of communications infrastructure within the electric easement.
(b) If damages are assessed for the electricity supplier’s use of the electric easement for communications infrastructure, the electricity supplier shall, not later than sixty (60) days after the assessment, deposit with the court or pay to the property owner the amount assessed, including costs as determined by the court.
As added by P.L.236-2017, SEC.1.