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Indiana General Assembly
House Bill 1534


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House Bill 1534

ARCHIVE (2009)

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Communications infrastructure. Allows the commissioner of the department of administration (commissioner) to negotiate and enter into lease agreements for the lease of state owned land for the purpose of allowing mobile communications infrastructure to be placed on the land. Provides that such lease agreements must: (1) not be for a term of more than 30 years; and (2) provide for the nonexclusive use of the land by the lessee. Provides that the commissioner may enter into more than one lease agreement with respect to the same parcel of land. Requires the utility regulatory commission (IURC) to adopt rules to establish a program that may be adopted and implemented by energy utilities seeking to enter into co-location agreements with communications service providers. Sets forth certain standards that the program established by the IURC must include. With respect to a conservation easement recorded after June 30, 2009, provides that it is not a breach of the conservation easement for: (1) the holder of the easement; or (2) an owner of an interest in the property subject to the easement; to use or lease a part of the property, not exceeding six acres, for the purpose of placing on the property a transmission tower or other infrastructure used to provide commercial mobile service. Provides that any part of the property used for such purpose: (1) ceases to be subject to the conservation easement; and (2) becomes subject to assessment and taxation for property tax purposes on a basis that reflects the new use of the property.
Current Status:
 In Committee - first House
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