Sec. 10. Subject to sections 8(e) and 13 of this chapter, and except as provided by section 9 of this chapter, a property owner may bring a cause of action under section 12 of this chapter against an electricity supplier for damages relating to a decrease in value of the property owner’s real property caused by the attachment or installation of communications infrastructure within the electric easement, not later than two (2) years from the later of:

(1) July 1, 2017; or

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Terms Used In Indiana Code 32-30-16-10

  • 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

  • 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
(2) the date upon which the notice under section 8 of this chapter is delivered to the property owner, as determined under section 8(d) of this chapter.

As added by P.L.236-2017, SEC.1.

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