Section 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(a) In order to prove damages relating to a decrease in value of the property owner's real property caused by the attachment or installation of communications infrastructure within the electric easement, a property owner shall, at the property owner's expense and without reimbursement from the electricity supplier, 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 electric easement. The appraisal must: (1) be performed by a real estate appraiser licensed under IC 25-34.1-3-8;(2) be conducted within the period specified in section 10 of this chapter; and(3) take into account any increase in value to the property resulting from the availability of broadband Internet service provided through the communications infrastructure.(b) If an electricity supplier disputes an appraisal provided by the property owner under subsection (a), the electricity supplier may:(1) not later than thirty (30) days after the date of the electricity supplier's receipt of the property owner's appraisal, send to the property owner by certified mail a notice stating that the electricity supplier disputes the property owner's appraisal; and(2) not later than ninety (90) days from the date on which the notice of the dispute is sent by certified mail to the property owner under subdivision (1): (A) obtain at the electricity supplier's expense an appraisal by a real estate appraiser licensed under IC 25-34.1-3-8; and(B) send a copy of the appraisal by certified mail to the property owner. A property owner shall make reasonable accommodations for the electricity supplier to perform an appraisal under this subsection. If a property owner fails to make such reasonable accommodations available within the ninety (90) day period described in subdivision (2), the electricity supplier may not be found liable for any asserted reduction in property value of the property owner's real property as a result of the installation of communications infrastructure within the electric easement.
(c) A property owner may review and either accept or reject, in writing, the electricity supplier's appraisal not later than thirty (30) calendar days after it is sent by certified mail from the electricity supplier to the property owner.(d) If the electricity supplier: (1) receives a written response from the property owner accepting the electricity supplier's appraisal; or(2) does not receive a written response within thirty (30) calendar days after the appraisal is sent by the electricity supplier under subsection (c); the electricity supplier shall consider its appraisal accepted by the property owner and shall remit payment in accordance with the appraisal to the property owner not later than sixty (60) days after the expiration of the thirty (30) day period described in this subsection.
Added by P.L. 236-2017,SEC. 1, eff. 4/28/2017.