Title 32, PROPERTY

Sec. 13. (a) The amount of damages payable to a property owner for the use of an electric easement by an electricity supplier for communications infrastructure is limited to an amount sufficient to compensate the property owner for the reduction in value of the property owner's r…

Sec. 14. The acceptance by a property owner of payment for damages as a result of any acts of an electricity supplier under this chapter operates to modify the electric easement to allow for the installation, servicing, maintenance, and use of communications infrastructure within…

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 lo…

Sec. 16. When installing communications infrastructure under this chapter, an electricity supplier shall comply with all applicable rules and standards included in the National Electric Safety Code most recently adopted by the state. As added by P.L.236-2017, SEC.1.

Sec. 17. (a) This section: (1) applies only to an electricity supplier that uses the procedures set forth in this chapter; and (2) does not apply to: (A) an electricity supplier; (B) a subsidiary of an electricity supplier; or (C) any other affiliated entity of an electricity sup…

Sec. 2. As used in this chapter, "communications infrastructure" includes all wires, cable, and other similar facilities used to provide communications service. The term includes fiber optic cable and any requisite or useful ancillary equipment that is in use or may be used to pr…

Sec. 3. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3. As added by P.L.236-2017, SEC.1.

Sec. 4. As used in this chapter, "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 connecti…

Sec. 5. As used in this chapter, "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, …

Sec. 6. (a) As used in this chapter, "electricity supplier" means: (1) a corporation organized under IC 8-1-13; or (2) a corporation organized under IC 23-17 whose members are primarily organized under IC 8-1-13. (b) The term includes third parties with whom the electricity suppl…

Sec. 7. As used in this chapter, "property owner" means a person with a recorded fee simple interest in land upon which an electric easement is located. As added by P.L.236-2017, SEC.1.

Sec. 8. (a) This section applies to an electricity supplier that: (1) installs new communications infrastructure; or (2) makes capacity available for communications service through existing communications infrastructure; within an electric easement under this chapter. (b) As used…

Sec. 9. (a) An electricity supplier that makes communications service available to a property owner through communications infrastructure that is installed or will be installed within an electric easement shall include in any: (1) member agreement; (2) customer agreement; or (3) …

Sec. 0.5. This chapter does not apply to a special tool under IC 32-33-20. As added by P.L.73-2009, SEC.3.

Sec. 1. As used in this chapter, "customer" means any individual or entity who contracts with or causes a fabricator to use a die, mold, form, jig, or pattern to manufacture, assemble, or otherwise make a product. [Pre-2002 Recodification Citation: 32-8-37-1 part.] As added by P.…

Sec. 2. As used in this chapter, "fabricator" means any individual or entity, including a tool or die maker, who: (1) manufactures or causes to be manufactured, assembles, or improves a die, mold, form, jig, or pattern for a customer; or (2) uses or contracts to use a die, mold, …

Sec. 3. (a) A fabricator has a lien, dependent on possession, on any die, mold, form, jig, or pattern in the fabricator's possession belonging to the customer for the amount due the fabricator from the customer for fabrication work performed with the die, mold, form, jig, or patt…

Sec. 4. (a) Before enforcing a lien under this chapter, notice in writing must be given to the customer, whether delivered personally or sent by certified mail to the last known address of the customer. (b) The notice required under subsection (a) must: (1) state that a lien is c…

Sec. 5. If the lienholder has not been paid the amount due within sixty (60) days after the notice provided for in section 4 of this chapter, the lienholder may sell the die, mold, form, jig, or pattern at auction if: (1) the die, mold, form, jig, or pattern is still in the lienh…

Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, or pattern, the lienholder must, in writing, by certified mail, return receipt requested, notify the customer and any person whose security interest is perfected by filing of the following: (1) The lienholder's in…

Sec. 7. If the sale is for a sum greater than the amount of the lien plus all reasonable expenses of the sale, any excess shall be paid to the customer and any prior lienholder. [Pre-2002 Recodification Citation: 32-8-37-6.] As added by P.L.2-2002, SEC.18.

Sec. 8. A sale may not be made under this chapter if the sale would be in violation of any right of a customer under federal patent or copyright law. [Pre-2002 Recodification Citation: 32-8-37-7.] As added by P.L.2-2002, SEC.18.

Sec. 9. This chapter does not bar a customer from bringing action for replevin under IC 32-35-2. [Pre-2002 Recodification Citation: 32-8-37-8.] As added by P.L.2-2002, SEC.18.