Indiana Code 32-30-16-11. Proof of damages; property owner’s appraisal; electricity supplier’s appraisal in case of dispute; property owner’s acceptance; payment by electricity supplier
(1) be performed by a real estate appraiser licensed under IC 25-34.1-3-8;
Terms Used In Indiana Code 32-30-16-11
- 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
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) take into account any increase in value to the property resulting from the availability of broadband Internet service provided through the communications infrastructure.
(b) If an electricity supplier disputes an appraisal provided by the property owner under subsection (a), the electricity supplier may:
(1) not later than thirty (30) days after the date of the electricity supplier’s receipt of the property owner’s appraisal, send to the property owner by certified mail a notice stating that the electricity supplier disputes the property owner’s appraisal; and
(2) not later than ninety (90) days from the date on which the notice of the dispute is sent by certified mail to the property owner under subdivision (1):
(A) obtain at the electricity supplier’s expense an appraisal by a real estate appraiser licensed under IC 25-34.1-3-8; and
(B) send a copy of the appraisal by certified mail to the property owner.
A property owner shall make reasonable accommodations for the electricity supplier to perform an appraisal under this subsection. If a property owner fails to make such reasonable accommodations available within the ninety (90) day period described in subdivision (2), the electricity supplier may not be found liable for any asserted reduction in property value of the property owner’s real property as a result of the installation of communications infrastructure within the electric easement.
(c) A property owner may review and either accept or reject, in writing, the electricity supplier’s appraisal not later than thirty (30) calendar days after it is sent by certified mail from the electricity supplier to the property owner.
(d) If the electricity supplier:
(1) receives a written response from the property owner accepting the electricity supplier’s appraisal; or
(2) does not receive a written response within thirty (30) calendar days after the appraisal is sent by the electricity supplier under subsection (c);
the electricity supplier shall consider its appraisal accepted by the property owner and shall remit payment in accordance with the appraisal to the property owner not later than sixty (60) days after the expiration of the thirty (30) day period described in this subsection.
As added by P.L.236-2017, SEC.1.