Indiana Tree Alliance
July 26, 2011

On July 7, 2011, the Indiana Utility Regulatory Commission in its revised final decision in cause 43663 stated, "the commission does not have authority to grant property rights via utility tariffs...utilities have many options available to them to acquire the property rights necessary to furnish utility service, such as vegetative management."  The IURC's Order is a reminder to all parties that change is necessary and the attitude by some utilities that they can do whatever they wish is history.  Working with their customers through better education, compromise and consent a better customer/utility relationship will be achieved.

While the IURC's Order limited tree trimming to 25% of a tree's crown, they allowed utilities in emergencies and in the interests of public safety to go beyond the 25% guideline.  Thus, property owners must remain vigilant and know in advance what and how much will be trimmed to prevent the utilities from abusing the issue of "public safety" as these factors were not well defined or limited.

Property owners must remain engaged until the Indiana General Assembly establishes by law the concept of full disclosure of all utility restrictions on a person's property.  This information is not covered under title insurance nor routinely disclosed prior to a person purchasing their new home.  The General Assembly needs to establish a property owners Bill of Rights so the rights of all Hoosiers are applied equally and are clearly spelled out in the law.

Many other issues related to tree trimming need legislative intervention.  The IURC lacks the authority to enforce these new rules or curb the use of prescriptive easements by utilities where the utility can take a person's property based upon the concept that they have been on their property for over twenty years.  While there are additional constraints on prescriptive easements, the potential for their abuse is too serious to overlook.

Hoosiers can celebrate as history has been made, but we must remain vigilant until all the issues have been resolved at the Statehouse.  Hoosiers must call or write their Senator and State Representative and urge them to complete this utility reform in the up coming 2012 legislative session.  Given their statutory constraints, the IURC tried to create a balance between the needs of the utilities and the rights of all property owners.  Additions need to be made by the legislature and with your insistence it will be accomplished.

Charles H. Goodman co-founder of the Indiana Tree Alliance

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IURC "Order on Reconsidderation" July 7, 2011