It would be easy to dismiss indiana utility easement laws as a niche area of law, not worthy of academic study. But take a moment to consider the role that this area of law plays in the world at large. Large utility companies have easements that cross through both governmental and non-governmental property for many purposes in many states. As such, utility easement law can have implications for other areas including the following. Law school curricula and law school graduation requirements are focused on core subjects that are generally applicable to many subject areas. Having said that, many law students are interested in the subjects they know they will encounter on the bar exam. Among those are land use and property issues. Oftentimes, public schools and school districts are affected by public utility easements in ways that may be less obvious than what is faced by private property. Moreover, it is important to understand how the space of a community and its resources impact the community’s ability to provide educational opportunities. This is true because the space of a community dictates not only the geographical location of schools and other educational institutions but also the way in which these schools are designed and funded. Furthermore, many private schools may be directly or indirectly affected by the law that governs utility easements.
On the face of it, one would think that this area of law is of concern only to lawyers and those in the real estate field. However, beyond the practical aspects of how utility easement law may affect schools on an operational level, this area of law is closely tied to broader social, environmental, and community issues. These may include the following. Although there is some overlap in the above areas, each has its own focus and will appeal to a variety of audiences based on their research and professional interests. Having an interdisciplinary resource like that discussed below can be invaluable to those who may not be familiar with aspects of easement laws that may not be within their expertise. One good resource is a recent article titled “An All-Inclusive Resource and The Necessity of Interpretation: An In-Depth Look at Indiana Utility Easement Laws,” in which the author provides an in-depth look into Indiana’s laws governing easements and the interpretation of these laws. The article offers some observations about how you may be able to interpret a law based on a reading of the words and a general idea of how the law operates. At times, however, your best interpretation may still leave the door open for more than one seemingly reasonable understanding of the law. The author discusses this issue as a part of their analysis of Indiana law.
It is important to note that this is not a discussion of easement interpretation generally. A similar article on easement interpretation of another state’s law may look different, but still add to the scholarship on interpretation of easement laws. School districts and other government entities are only partially responsible for providing the physical facilities necessary for school children to receive a public education. They are also responsible to some degree for the delivery of curricular and extra-curricular programming to support the education of children. Finally, it is important to understand that, particularly where children’s education is involved, parents may have very particular views on the ways in which utility easement laws impact their own property or the property of others in the community.
For more information on easement laws, you can visit Wikipedia.