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By Charlie Goodman - Indiana Tree Alliance

Attending were

• Charlie Hiltunen, title Ins. group
• Dave Miller from the A/G's office
• counsel representing the Senate Republicans
• Senator Breaux for the Senate Democrats
• Policy director for the Speaker
• three homeowners from the Geist Reservoir area who are being represented by the
• Attorney General's office
• three people from the Indiana Tree Alliance

It was a great meeting with a lot of input from all parties....Essentially their was a consensus that the utilities need to create  a data base which would be easily accessible to all  Realtors, lenders, and folks within both the title companies and the General public.....a format simple enough so the general public can research potential properties about easement restrictions before they make a decision to make an offer to buy. The IURC is currently addressing the issue of easements and hopefully they will assist in their rules to ban the use of  prescriptive easements where a utility simply takes one's property without consent or payment, doubled with the fact many easements can not even be found as a recorded document.......It's hard for a Realtor or a lender to take into consideration the negative affects of a given easement if they  know nothing about such an easement. Another reason why the Utilities must create and maintain such a data base to prevent the lack of full disclosure.

In addition, we also recognize that language...legislation...... is necessary to enhance the property owners rights which the easement holder....the utilities....must recognize in a much greater degree than is done today. While I plan on creating drafts of such language...I am certain many drafts will be  drawn up over the next several months. Feed back on each draft from all parties helps to fine tune the final document.

A few days ago I received a copy of an order from the New York Public Service Commission which now is drafting rules to mandate greater communication between property owners and the utilities....it is a work in process, as NY is awaiting on how we address the fact that most property owners are unaware of the restrictions a utility has on their property.

This is a very serious matter here in Indiana, as approximately four million Hoosier property owners are affected one way or another, some much more so than others. Input from your respected groups will be greatly appreciated  for, in the end, it will impact your groups, hopefully in a very positive way.

The lenders are greatly helped when they can received more accurate information to establish more realistic property values. If we can craft this draft well, all  parties will in the end benefit. You can see the need for input from all parties and groups.....especially yours.

I have always agreed with Charlie Hiltunen that the Utilities must respect property owners rights....but as you know, getting the right language crafted for use by an elected official to give to LSA to put into Bill form is not that easy. Clearly it must be crafted to gain the full support of your respective groups.  We wish to work closely with you so all Hoosiers are protected.

We look forward to working closely with you in the weeks and months ahead. Senator Breaux has suggested a follow up meeting, which seems best when we have gotten closer to a final draft.

Sincerely,

Charlie Goodman, Indiana Tree Alliance