Indiana Code 32-30-16-15. Manufacturing facility located on electric easement; notice to property owner of installation, inspection, or maintenance of communications infrastructure; no liability or duty of care
(1) is located outside a public right-of-way;
Terms Used In Indiana Code 32-30-16-15
- communications infrastructure: includes all wires, cable, and other similar facilities used to provide communications service. See Indiana Code 32-30-16-2
- 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
(3) involves land on which a manufacturing facility is located.
(b) When installing, inspecting, or maintaining communications infrastructure within an electric easement described in subsection (a), an electricity supplier shall make a reasonable, good faith effort to notify the property owner of the installation, inspection, or maintenance of the communications infrastructure. With respect to the installation of communications infrastructure within an electric easement described in subsection (a), the electricity supplier shall provide the property owner with the notice required under section 8 of this chapter.
(c) The failure of an electricity supplier to comply with the notification requirement set forth in subsection (b) does not:
(1) create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law; or
(2) create for the property owner a duty of care beyond what is owed by the property owner under IC 34-31-11.
As added by P.L.236-2017, SEC.1.