Indiana Code 32-30-16-13. Damages; reduction in value of property owner’s real property; inadmissible evidence
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Sec. 13. (a) The amount of damages payable to a property owner for the use of an electric easement by an electricity supplier for communications infrastructure is limited to an amount sufficient to compensate the property owner for the reduction in value of the property owner’s real property caused by the attachment or installation of communications infrastructure within the electric easement. Evidence of revenues, profits, or any other fees derived by an electricity supplier from installing communications infrastructure in an existing easement, or evidence of the revenues, profits, or any other fees derived from the operation of such equipment, is not admissible for any purpose in any proceeding under this chapter.
(b) If an appraisal performed under this chapter proves no reduction in value to the property owner’s real property, the property owner is not entitled to damages.
As added by P.L.236-2017, SEC.1.
Terms Used In Indiana Code 32-30-16-13
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.