Duke Energy has overhead power lines in a 10-foot-wide easement over Bellwether’s property, but the National Electrical Safety Code requires a 25-foot-wide “strike zone” between the lines and nearby buildings. That “strike zone” required Bellwether to reduce the size of a warehouse it planned to build. Bellwether sued Duke for inverse condemnation, alleging that the “strike zone” constitutes a taking larger than the easement and requires just compensation.
The Monroe Circuit Court denied Duke’s motion for summary judgment, finding a dispute of material fact as to whether Duke’s directive amounted to a physical taking. On interlocutory appeal, the Court of Appeals reversed, finding that any taking here was instead regulatory and not compensable under the legal standards for regulatory takings. Duke Energy Indiana, LLC v. Bellwether Props. LLC, 192 N.E.3d 1003 (Ind. Ct. App. 2022), trans. pending. Bellwether petitioned the Supreme Court to accept jurisdiction over the appeal.
To listen to the full oral argument, click this link: