§ 32-30-16-1 Applicability; installation of communications infrastructure within existing electric easements; exemptions; property owner’s exclusive remedy
§ 32-30-16-2 “Communications infrastructure”
§ 32-30-16-3 “Communications service”
§ 32-30-16-4 “Electric easement”
§ 32-30-16-5 “Electric facilities”
§ 32-30-16-6 “Electricity supplier”
§ 32-30-16-7 “Property owner”
§ 32-30-16-8 Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier’s plan for making broadband Internet service available; delivery of notice
§ 32-30-16-9 Communications service made available by electricity supplier; notice in member or customer agreement; consent to expansion of easement; signature required; tenant occupied property; owner signed master agreement or affidavit
§ 32-30-16-10 Property owner’s cause of action for decrease in value of real property; time limit for bringing action
§ 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
§ 32-30-16-12 Property owner’s rejection of appraisal; property owner’s right to file action; damages
§ 32-30-16-13 Damages; reduction in value of property owner’s real property; inadmissible evidence
§ 32-30-16-14 Modification of easement upon acceptance of damages
§ 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
§ 32-30-16-16 Compliance with National Electric Safety Code
§ 32-30-16-17 Broadband Internet service made available by electricity supplier; separate legal entity or accounting system required; annual audit; allocation method; confidential or proprietary information
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Terms Used In Indiana Code > Title 32 > Article 30 > Chapter 16 - Utility Easements

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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

  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.
  • Statute: A law passed by a legislature.