Sec. 2. (a) A person, excluding a municipality, who owns or operates a water pollution treatment or control facility or sanitary sewer may not offer to provide service or allocate a sewer tap to a person without:

(1) having the capacity to provide the service or allocation; and

(2) reserving the capacity to provide the service or allocation;

to the property owner to whom the offer or allocation was made.

     (b) A person who violates subsection (a) who:

(1) issued a written letter of intent or commitment to provide service or allocate a sewer tap to a property owner;

(2) failed to reserve the capacity to provide the service or tap; and

(3) as a result of failing to reserve that capacity, adversely affected the value of property of a property owner to whom the letter of intent was issued;

is liable for damages to the property owner.

     (c) In an action brought by a property owner under this section, the damages are equal to the value of the property as the property would have appreciated in value but for the failure of the property to have been provided sewer service or a sewer tap.

     (d) Notwithstanding IC 34-11-1-2, a property owner who has a continuing claim under this section may assert that claim until May 15, 1997.

[Pre-1996 Recodification Citation: 13-7-4-4.]

As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.