Indiana Code 8-1-26-22. Pecuniary loss suffered by operator; civil action; damages; defenses; injunction
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Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following:
(2) The costs of the action.
(1) An amount equal to the operator’s actual damage to the facility.
Terms Used In Indiana Code 8-1-26-22
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- damage: means :
Indiana Code 8-1-26-4
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- facility: means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerage. See Indiana Code 8-1-26-7
- 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.
- operator: means a person who owns or operates an underground facility, other than an underground facility that:
Indiana Code 8-1-26-10
- person: means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. See Indiana Code 8-1-26-11
(3) A reasonable attorney‘s fee.
(b) At the court’s discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator’s actual damage.
(c) It is a defense to an action brought under this chapter if an operator fails to comply with the duties imposed under this chapter.
(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator’s facilities until that person complies with this chapter.
As added by P.L.69-1990, SEC.2.