Public-domain · open source

Ind. Code § 8-1-26-22

Pecuniary loss suffered by operator; civil action; damages; defenses; injunction

Applied in 1 court decision — leading case The City of Fort Wayne v. Northern Indiana Public Service Company and Nisource, Inc. (2014)

Most recently applied in The City of Fort Wayne v. Northern Indiana Public Service Company and Nisource, Inc. (January 2014)

As added by P.L.69-1990, SEC.2.

Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following:

(1) An amount equal to the operator's actual damage to the facility.

(2) The costs of the action.

(3) A reasonable attorney's fee.

(b) At the court's discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator's actual damage.

(c) It is a defense to an action brought under this chapter if an operator fails to comply with the duties imposed under this chapter.

(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.