West v. Louisville Gas & Electric Co.

Dist. Ct. did not err in dismissing plaintiff’s action seeking compensation from defendant-holder of easement, under circumstances, where defendant had granted third-party right to install fiber-optic cable that carried telephone, cable TV and internet data on defendant’s electric tower located on easement that plaintiff’s predecessor had granted to defendant. While plaintiff argued that section 541(a)(2) of Cable Communications Policy Act precluded plaintiff from allowing third-party to add new interior cable to existing tower, Ct. of Appeals found that Indiana law treats easements as permitting new uses that, as here, are compatible with original grant of easement. Moreover, dominant estate holder may make repairs, improvements or alterations that are reasonable necessary to make grant of easement effectual, and Indiana law accepts principle that holder of easement may allow third-party to use rights available under easement. As such, instant grant of use of tower to third-party was permissible.