S.E.A. 478, P.L. 236
Effective: §1 effective April 28, 2017; §2 effective July 1, 2017
Provides that a property owner may bring a cause of action against an electricity supplier for damages for a decrease in value of the property owner’s real property caused by the attachment or installation of communications infrastructure, not later than two years from the later of: (1) July 1, 2017; or (2) the date upon which the required notice is delivered to the property owner. Provides that to prove damages for the decrease in value of the real property, the property owner shall provide the electricity supplier with an appraisal comparing the value of the property before and after the attachment or installation of communications infrastructure within the easement. Provides that an appraisal obtained by a property owner to prove damages relating to the decrease in the value of the property owner’s real property caused by the attachment or installation of communications infrastructure must take into account any increase in value to the property resulting from the availability of broadband Internet service provided through the communications infrastructure. Provides that the acceptance by a property owner of an electricity supplier’s payment for damages operates to modify the electric easement to allow for the installation, servicing, maintenance, and use of communications infrastructure within the easement.
The full law is available at: https://iga.in.gov/legislative/2017/bills/senate/478