Indiana Code 32-30-16-1. Applicability; installation of communications infrastructure within existing electric easements; exemptions; property owner’s exclusive remedy
(b) This chapter applies to an action by a property owner against an electricity supplier that:
Terms Used In Indiana Code 32-30-16-1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- communications infrastructure: includes all wires, cable, and other similar facilities used to provide communications service. See Indiana Code 32-30-16-2
- communications service: has the meaning set forth in Indiana Code 32-30-16-3
- 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
- electric facilities: means any product, equipment, or technology necessary or useful in the transmission, transformation, or distribution of electricity, including wires, cables, poles, transformers, anchors, guys, grounding systems, insulators, and any other related or ancillary materials. See Indiana Code 32-30-16-5
- electricity supplier: means :
Indiana Code 32-30-16-6
- 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
- Statute: A law passed by a legislature.
(2) permits the installation of; or
(3) intends to install;
communications infrastructure within an existing electric easement.
(c) This chapter does not apply to the following:
(1) A negotiation between an electricity supplier and a property owner for:
(A) a new electric easement; or
(B) the siting, installation, or attachment of any facilities or infrastructure other than communications infrastructure.
(2) An easement that by its terms expressly provides for the installation of communications infrastructure within the easement.
(3) Communications infrastructure that is within an electric easement and that is used only to support the transmission, transformation, or distribution of electricity to consumers.
(4) Any physical damage to property that occurs during the installation, maintenance, or servicing of communications infrastructure under this chapter.
(5) Property owned by a railroad company.
(6) The installation of new poles, towers, or other structures that are required for the exclusive support of communications infrastructure that is intended to provide communications service.
(7) The attachment or installation of communications infrastructure on underground or buried electric facilities within an electric easement.
(d) This chapter supersedes any conflicting statute or administrative rule, or any conflicting ordinance, rule, or other policy of a local unit.
(e) Except as otherwise provided by the terms of the easement or by the terms of any contractual or other agreement between an electricity supplier and a property owner, this chapter provides the exclusive remedy to a property owner with respect to the attachment or installation of communications infrastructure on above ground electric facilities within an electric easement, regardless of whether the attachment or installation occurs before, contemporaneously with, or after:
(1) the granting of the easement; or
(2) the attachment or installation of electric facilities or of other communications infrastructure within the easement;
without regard to the statutory or common law basis of the property owner’s claim for damages or request for relief that would otherwise apply.
As added by P.L.236-2017, SEC.1.