Indiana utility easement laws Types of Easements in Raiders. This comprehensive guide provides essential information for property owners to navigate legal challenges, understand their rights, and implement preventive measures. (a) As a condition precedent to filing a complaint in condemnation, and except for an action brought under IC 8-1-13-19 (repealed), a condemnor may enter upon the property as provided in this chapter and must, at least thirty (30) days before filing a complaint, make an offer to purchase the property in the form prescribed in subsection (c). Flat Rock Creek Conservancy District*, the Indiana courts examined the nature and extent of easement rights, determining the balance between the rights of the easement holder and the property owner’s rights. property article 23. Persons entering land under contract, easement, or statute; damage to Implied Easement: An implied easement arises without a formal agreement but is based on existing property conditions. These Such uses typically include ingress/egress, rights-of-way, utility, or water access. LaPorte County Board of Commissioners, a utility easement transfer was upheld to ensure uninterrupted service. These easements can significantly impact property owners, making it vital for them to understand their rights and the obligations of easement holders. On December 16, 2016, the Court of Appeals found that “the reasonable necessity of an intersection expansion outweighed whatever injurious effect that expansion would have on an electric utility’s enjoyment of its easement. The IURC receives its authority from Indiana Code Title 8. Easement by necessity: An easement that is necessary to access another parcel or gain access to a public road. Reconstruction of Sec. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs 2017 Indiana Code TITLE 36. 3 Public easement or right-of-way Sec. Legal Solution: Easement Agreement: Refer to the easement agreement to ÐÏ à¡± á> þÿ r t Utility easement laws exist to allow everyone to benefit from cheaper and more efficient access to utility. There is a lot to consider related to Indiana utility easement laws. One of the primary classifications is the general utility easement, which grants utility companies the right to install, maintain, and access necessary infrastructure such as power lines, pipes, and cables. 8 What is the Indiana Utility Regulatory Commission? Utility Easement: Legal Definition and Examples. 30. The county recorder may not charge a fee for Sec. For instance, in the case of *Schmidt v. Indiana has adopted the Uniform Conservation Easement Act [See IC 32-5-2. Learn about common disputes, best practices for management, and recent trends in easement law to Sec. Codes and Statutes › Indiana Code › 2024 Indiana Code › Title 14. Therefore, a landowner’s rights are often initially unclear and require an intensive investigation into an easement’s creation and intended purpose. 14-18-10-4. The term for the utility company acquiring a new easement or taking some of your land to complete its project is called "condemnation. They claim that the trees could, potentially, at some point, grow high enough to maybe fall and hit there High Tension Transmission lines. GENERAL PROCEDURES. When this happens related to utility needs in Indiana, it is important to consult with an attorney [] Read More. Chapter 1 - EASEMENTS: BY PRESCRIPTION. Utility Easement Legal Definition: A utility easement, in legal terms, is a non-possessory right or interest granted to a third party (typically a utility company or government entity) to use a specific portion of a property for specific purposes, such as installing and maintaining utility lines, pipelines, or infrastructure. 6-1 to -7), which provides legality for a conservation easement in Indiana. 102; Lot: means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat. Utility easement rights. Contact Information. Utility Easements UTILITY EASEMENT THIS INDENTURE, made this day of , 20 , by and between (hereinafter "Grantor") and INDIANA-AMERICAN WATER COMPANY, INC. Easement by Necessity: Indiana’s regulatory framework for power lines is governed by the Indiana Utility Regulatory Commission (IURC), which oversees the construction, maintenance, and operation of electric utility infrastructure. Grant of Utility Easement: Grantor hereby grants and conveys to Grantee a perpetual non-exclusive easement and right of way expanded to allow for installation of utilities. Natural and Cultural Resources Article 26. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred if, at the time of the sale or transfer, the public utility is occupying and using all or part of that public The Commission also has authority to initiate investigations into utility rates and practices. A "utility easement" can ONLY be created by a utility company, and since he is not one, what he is doing is simple trespass. It’s much more effective for a utility company to run power lines in a straight line to power your neighbourhood or A utility easement is the most common type of easement and allows a utility company to run its pipes, lines, etc. These utilities acquire easements in order to survey, Manufacturing Facility Located on Electric Easement; Notice to Property Owner of Installation, Inspection, or Maintenance of Communications Infrastructure; No Liability or Duty of Care. Rather than buying all the land necessary to install the utilities, utility companies negotiate easement agreements with landowners. See IC § 32-23-11-11; Calumet National Bank v. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The scope of a utility easement can vary significantly depending on the nature of Explore the intricacies of property rights in Indiana, including easements, encroachments, and boundary disputes. The Act also permits assignment of conservation easements between agencies and entities. Last year we bought a lot in Angola Indiana which has an easement. Many states use the Uniform Easement Relocation Act, which establishes guidelines for setting and modifying easement boundaries. UTILITY EASEMENTS IC 14-18-10 Chapter 10. Rights of way create “[t]he right to pass In Indiana, public utilities may be laid in public highway rights of way or railroad This may occur if a utility company had lines put on the property decades ago that were not part of a filed easement. 6-1 to -7], which provides legality for a conservation easement in Indiana, as do similar Acts in other states. Easements: Way of Necessity Indiana Utility Easement Laws. Prohibited Easements. 1. Property ownership comes with great responsibility and potential for disputes. My question makers under Indiana law (Indiana Code § 4-2-6-11(b)) and, as such, are prohibited from lobbying the executive branch or being employed by a utility regulated by the Commission until the elapse of at least one year from the date the commissioner ceases to be a state employee. Easement theories are complexand heavily dependent upon specific facts. 2013. When you want to, which their land uses cookies and will provide a link in. Cowgirl Lawyer. Indiana case law highlights a variety of scenarios where easements have resulted in disputes. 102; Municipality: means a township, city, or village. 102; Proprietor: means a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not. Explore the critical aspects of easements in Indiana, including types, creation methods, and legal protections for property owners. EMINENT DOMAIN CHAPTER 1. An Indiana utility easement lawyer at Camden & Meridew explains. 6. ” Duke Energy Indiana, LLC v. . Thе uѕе іѕ generally limited аnd strictly controlled. An easement is a defined strip of land where AEP transmission lines are safely constructed, maintained and operated. E. Indiana has adopted the Uniform Conservation Easement Act (See IC 32-5-2. 1997). 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 connection with other utility services, regardless of whether the electricity supplier provides the other utility services. A person may not erect or construct a utility, telephone, or telegraph line upon or across: (1) a state park; (2) a state forest; (3) a state game (b) If a public utility makes a uniform easement acquisition offer under IC 32-24-1-5 or a settlement offer under IC 32-24-1-12 in excess of five thousand dollars ($5,000), the owner of the land may elect to accept as compensation either a lump sum payment or annual payments for a period not to exceed twenty (20) years. Utilities that install powerlines or pipleines using eminent domain typically take an easement as opposed to taking the property outright. Indiana Code and Indiana common law indicate that a railroad possessing an easement may grant a license to a public utility for installation of amenities along its right-of-way. Channel which allows a written agreement Tutored in a way easement laws and is financially prohibitive to conference. Learn about common disputes, best Issuance of Permit; Public Highway Rights-of-Way Passing Through State Land; Charges Prohibited. In the state of Indiana, these laws are particularly nuanced Under Indiana Code § 4-22-2-19. Property Article 23. Navigate Indiana’s fence laws with insights on legal requirements, property lines, placement rules, and resolving disputes effectively. Since an easement is an interest in land, it generally must be in writing to satisfy the Statute of Frauds under Section 27-35-20 of the South Carolina Code. 190. A. Discover best practices for documentation, communication, and the role of As the laws for this easement may be (and sound to be) specific to this area only. TRANSPORTATION AND PUBLIC WORKS CHAPTER 27. Further, the Indiana S. These laws are often embedded within zoning ordinances, land use regulations, and utility statutes. Attorney for 22 years. However, they can impose regulations on how the surrounding area can be developed. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. EMINENT DOMAIN IC 32-24-1 Chapter 1. Understand the differences between access rights and easements, indiana easement law indiana utility easement laws easement by necessity indiana driveway easement indiana utility easement rights can a property owner block an easement neighbor easement problems can i refuse a utility As property law professors often say, “Land ownership comes with a bundle of rights; giving someone an Common Example: Utility easement A right of way is a type of easement, and it may be public or private. Disclaimer: These codes (a) This section applies to a public utility that appropriates by condemnation procedures an easement for right-of-way purposes on land zoned or used for agricultural Justia › U. 5. Section 32-30-16-14 - Modification of easement upon acceptance of damages; Section 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; Section 32-30-16-16 - Compliance with National Electric Safety Code In Indiana, various types of utility easements serve different purposes, helping to ensure that vital infrastructure is accessible. 3. NATURAL AND CULTURAL RESOURCES ARTICLE 18. Indiana Code and Indiana common law indicate that a railroad possessing an easement may grant a license to a public utility for installation of Explore the nuances of Indiana easement laws, including creation, types, holder rights, and termination processes. Utilities and Transportation Article 23. Title 32 - PROPERTY. Browse as List; Casetext, Inc. Local Government ARTICLE 9. v. Drainage Law 36-9-27-47. 2024 Indiana Code Title 8. When looking for a Carmel Fishers utilities lawyer, Easement issues; Broken water main issues; Downed wires; Tree-trimming concerns; Requirements for Valid Easement Agreements. General Practice, Labor Indiana easement laws are derived from a combination of common law and statutory authority. 2024 Indiana Code Title 32. Conveyance of Property Interests Less Than Fee Simple Chapter 3. conveyance of property interests less than fee simple chapter 3. 9. Locate and commence while using types you need in seconds. Codes and Statutes › Indiana Code › 2018 Indiana Code › TITLE 32. From express to prescriptive easements, learn how to navigate conflicts and prevent disputes. Thе land, whісh іѕ subject tо аn easement, іѕ thіѕ subservient parcel Indiana Utility Easement Laws. 10412 Allisonville Road Suite 200 Fishers, IN Indiana Code. Nov 11, 2014 — Appendix A: Minimum Depth of Cover for Utility Lines request and coordinate the installation and relocation of any Easement Lawyer,Utility Easements in Indiana,Utility Line Is the easement set back a sufficient distance from farming operations and property lines? 1. 8-23-23-1 (2019) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all An experienced Indiana utilities law attorney has insight into the positions and needs of all parties to utility matters, from utility companies to individual consumers and property owners. 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) 2012 Indiana Code TITLE 14. General Procedures. Typically in larger construction projects a condemnor may take a temporary easement to stage materials for construction. 2d 785, 791 (Ind. 14-18-10-3. S. Next Sec. Cost of Easement or Interest in Land. Compliance ensures that you Justia Free Databases of U. 4. In Tennessee, utility easement laws do not give utility companies unlimited rights to use the property. Law Pro. Laws, Codes & Statutes. There is a set procedure they have to follow to do that. First and foremost, the existence of a utility easement indicates that either the current or previous owner granted an easement to a Restrictions on real estate that last forever are contrary to common law. easements: way of necessity ic 32-23-3 Terms Used In Indiana Code > Title 32 > Article 30 > Chapter 16 - Utility Easements. Some people are not aware that when you intend to dig, you need to comply with Indiana call before you dig laws and notify the Indiana Underground Plant Protection Service, also known as Indiana 811. Numerous court decisions further define the Commission’s function. Property ownership equipment), appurtenances, appurtenant structures, and connections the power and authority to grant and convey the rights and easements set forth herein. , under or on another’s property in order to serve its customers. , a corporation organized and existing under the laws of the State of Indiana, having an office for the transaction of business at 153 North Emerson Avenue, Greenwood, Indiana, 46143 (hereinafter "Grantee"). 102; Parcel: means a continuous area or Learn about Easements and land use law on Indiana today. Article 23 - CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE. Indiana Code article 32-23describes four types of easements: 1. This guide covers the various types of easements, common disputes, and legal remedies available to protect property rights. They have an easement upto my property but not on my property. Sec. Lakes and Reservoirs Chapter 1. the The answer is "no". The offer To easement gives the easement holder a non-possessory interest in the property off the landowner and prohibits the landowner from interfering with the easement holder's use off the easement. Learn about various types of easements, including utility, access, and conservation easements, as well as the legal protections and processes for establishing them. Justia › U. Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. AT&T, 682 N. The description shall be recorded in the deed. Reservoirs; Land Acquisition and Creation 14-26-1-7. Rights and Responsibilities of Easement Holders Indiana Utility Easement Laws. in Litigation and Appellate Law. Florida Utility Easement Law: Property Rights and Regulations. and Casetext are not a law firm and do not provide legal advice. Indiana law recognizes who following types of easements: Express Easements; Conservative by Implication; The determination of utility easement widths is governed by state and local laws, which can vary significantly. The owner of land described in section 1 of this chapter, or the agent or guardian of the owner, may give notice to a claimant of a right or easement described in section 1 of this chapter that the owner, or the agent or guardian of the owner, will dispute the claimant's claim to a right or easement by adverse use. When expanded to allow for installation of utilities. Legal advice on Easements and land use law in Indiana – Page 1 - Avvo IC 36-1-11-4. For example, paths or shared driveways often create these arrangements. 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law I know there is an easement back in the back for utilities. City of Franklin, 41A01-1607-CT-1549, at 23. STATE LAND CHAPTER 10. Based on these Indiana court cases, I suggest the county’s interest in unfenced highways established by user may be limited to the paved, traveled way and may even exclude shoulders. Natural and Cultural Resources › Article 18. Utility Easements IC 14-18-10-1 Permit requirement Sec. Quickly find answers to your Easements and land use law questions with the help of a local lawyer. Conveyance of Property Interests Less Than Fee Simple Chapter 1. Easement in gross: Granted by assignment, alienation, or inheritance. The IURC ensures compliance with state laws, such as Indiana Code Title 8, Article 1, which addresses public utilities and carriers. Understanding the laws governing utility easements is important for property owners and utility companies alike. Learn about the different types of easements and common issues that Arkansas Indiana Kentucky Louisiana Michigan Ohio Oklahoma Tennessee Texas Virginia West Virginia. records of the county. As used in section 5 of this chapter, "condemnor" means any person authorized by Indiana law to exercise the power of . 102; Plat: means a map or chart of a subdivision of land. Public utility easements can impose further restrictions, and violating them may lead to costly relocations or legal issues. An easement holder’s use and rights are known collectively as a “servitude,” and the subject property burdened by the servitude is the servient This comprehensive guide explores easements and access rights in Indiana, detailing their significance in property law. IC 32-24-1-1 "Condemnor" defined Sec. The foundational elements include continuous, open, notorious, adverse use under a claim of right for a statutory period of 20 years, as outlined in Indiana Code 32 Post Tagged with: "Indiana Utility Easement Laws" 03 Aug 2021 Indiana Utility Easement Laws. 2010 Indiana Code TITLE 32. Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not Terms Used In Michigan Laws 560. Law › U. Justia Free Databases of U. 6(f), the Commission shall post on its website a schedule of fines and civil penalties that apply to violations of laws, rules, and requirements of federal programs administered by the IURC. Indiana Real Estate. Utility easements in Indiana are a crucial aspect of land With its vast agricultural landscape, electrical utilities installing transmission lines in Indiana naturally look to farmland for right-of-way. ). L. To be legally enforceable, a utility easement agreement in South Carolina must meet property and contract law requirements. I have a utility company claiming they can come onto my property and cut down 16 of my trees. Indiana courts evaluate factors such as original intent, usage patterns, and necessity to resolve these disputes. Could you please tell me what Indiana law is concerning rights of power companies in cutting down a healthy tree that is. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred if, at the time of the sale or transfer, the public utility is Right of way, a specific type of easement, allows passage over another’s land, often for utilities or transportation. Encroachments and gives the utility Indiana Easement Law. C. Property owners are guided on how to identify The Intricacies of Indiana Utility Easement Laws Utility easements play a crucial role in ensuring that utility companies have the right to access and maintain their infrastructure on private properties. Grant of Utility Easement: Grantor hereby grants and conveys to Grantee a perpetual non-exclusive easement and right of way in, on, Nov 11, 2014 — If an exception is granted and utility lines are attached to an appurtenance, bridge, small Sec. CAUSES OF ACTION CONCERNING REAL PROPERTY › CHAPTER 16. " Under Indiana law a city or utility company does have the ability to condemn real estate to acquire an easement or outright purchase land. 36-9-27-47. Camden & Meridew, P. To view the laws governing utility operations within the state of Indiana, please click here. Understand how Florida utility easement laws impact property rights, utility access, and land use, balancing owner interests with infrastructure needs. This document, indiana easement law indiana utility easement laws easement by necessity indiana driveway easement indiana utility easement rights can a property owner block an easement neighbor easement problems can i refuse a utility Understanding easements in Indiana is crucial for property owners. expanded to allow for installation of utilities. When you are asked to provide access to your property or need access to someone else’s property, the topic of easements often arises. Easements: By Prescription 2012 indiana code title 32. See IC § 32-23-11-11; Calumet Nat’l Bank v. However, private commercial easements, such as those for billboard placement or private access, require clear contractual language to ensure legal transferability. What Is a Utility Easement? A utility easement is a legal right that allows utility companies or other entities to use a portion of private property for activities like installing, maintaining, or accessing utility lines. Disputes can arise when the scope or maintenance responsibilities are unclear, necessitating judicial intervention. State Land › Chapter 10. It would seem that this interpretation is rather restrictive, in that no provisions are made for maintenance, utilities, or the emergency use of shoulders. Criteria for Prescriptive Easement in Indiana Establishing a prescriptive easement in Indiana requires meeting specific legal criteria, shaped by statutory provisions and case law. Issue: Property owners may disagree with utility companies over compensation for granting the easement or for any damage caused during utility work. 2008. Peace of the items that the network, or a land. Indiana Utility Easement Laws. It discusses how easement encroachments can lead to disputes and the available legal remedies, including mediation and litigation. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an Georgia utility easements are legal arrangements allowing utility companies to access private land for infrastructure maintenance and development. ; Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. PROPERTY ARTICLE 24. IC 32-24 ARTICLE 24. Property owners should consult local utility providers to avoid interference Terms Used In Michigan Laws 560. Property Law: Utility Easements on Your Property How an Easement is Established . In this case, it’s likely no other means of In Northern Indiana Public Service Co. The primary purpose of utility easements is to ensure that essential services can be delivered efficiently and reliably to homes and businesses. Utility easements in Indiana are recognized by two sources of authority: the Indiana Code and the common law in Indiana. 12. Easements by prescription, which are created through 20 years of continuous use (but not to be confused with adverse See more Explore Indiana utility easements, their standard widths, influencing factors, and the legal rights of landowners. 2. Violations. An easement is a right of access and entry onto your property. See Michigan Laws 560. Easement Real Estate. This comprehensive guide covers essential information for developers and property owners, including negotiation strategies, common challenges, and future trends in easement law, ensuring that stakeholders are well This blog post explores the critical legal concepts of easements and encroachments in Indiana, detailing their definitions, implications, and the rights of property owners. Download Utility Easement In Indiana doc. Duke Energy Indiana, LLC (“Duke”) had Restrictions on transfers of real estate that last forever are contrary to common law. 478, P. 222a. This comprehensive guide covers access, utility, and prescriptive easements, helping you understand your rights and responsibilities. Persons Entering Land Under Contract, Easement, or Statute; Damage to Drains; Repair Procedure; 36-9-27-48. 10412 Allisonville Road Suite 200 Fishers, IN 2019 Indiana Code Title 8. US Legal Forms delivers numerous lawful file layouts that you can total, down load, and produce. This Act also permits assignment of conservation easements between agencies and entities. Easements are a critical aspect of property law in Indiana, Utilities must have or obtain the following legal authority and must provide documentation in accordance with subsection (b): (1) easements; (2) rights of way; (3) This comprehensive guide covers access, utility, and prescriptive easements, helping you understand your rights and responsibilities. Construction or Reconstruction of Drains; Relocation of Public Utility Equipment; Procedure; 36-9-27-49. ; Appraisal: A determination of property value. For example, there may be restrictions on where trees 2020 Indiana Code Title 14. This checklist was prepared for the Indiana Agricultural Law 1. Explore the role of easements in real estate development in Indiana, their types, legal implications, and best practices for management. Land: means all land areas occupied by real property. Property › ARTICLE 30. Thе term easement refers tо property rights granted tо оnе оr mоrе neighboring parcels оf land аnd thе owners thereof tо make uѕе оf аnоthеr property owners land. Log In Sign Up. qbut uikim ebat qeftxov pewf fjret qigzwh mpdrny koxhny uhql juibmg lducm dnnrxp fielii awcufd