2019 Indiana Code
Title 32. Property
Article 30. Causes of Action Concerning Real Property
Chapter 16. Utility Easements
32-30-16-12. Property owner's rejection of appraisal; property owner's right to file action; damages
Sec. 12. (a) Subject to section 13 of this chapter, if:
(1) the electricity supplier receives written notice from a property owner timely rejecting the electricity supplier's appraisal; and
(2) the electricity supplier and property owner are unable to reach an agreement concerning damages;
the property owner may file an action against the electricity supplier in a court with jurisdiction to determine the reduction in value of the property owner's real property, if any, as a result of the attachment or installation of communications infrastructure within the electric easement.
(b) If damages are assessed for the electricity supplier's use of the electric easement for communications infrastructure, the electricity supplier shall, not later than sixty (60) days after the assessment, deposit with the court or pay to the property owner the amount assessed, including costs as determined by the court.
As added by P.L.236-2017, SEC.1.
