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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

IN Code § 32-30-16-15 (2019) (N/A)
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Sec. 15. (a) This section applies only to an electric easement that:

(1) is located outside a public right-of-way;

(2) does not expressly allow for the installation of communications infrastructure within the easement; and

(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.

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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