Date: July 24, 2026

From:  Palmira Lakes Board of Directors

To:  Palmira Lakes Homeowners

Re:  Utility Digging

The Board understands and shares everyone’s frustration and agitation with the multiple utility digs in our community, as our yards have been affected as well.  Unfortunately, there is nothing any of us can do to stop or change the parameters of the project, as the digging is well within the 20-foot front-yard utility easement shown on our Plat documents. However, the utility companies are legally required to restore your property to its original condition (with some exceptions) once the underground cable work is finished.

The Board has researched and discussed this issue with our Property Manager.  Many of our homeowners have done some great work in finding answers as well. We thought we would share what other homeowners and the Board have found by consolidating the information into one document.  We think it might be useful as we all individually (as homeowners) deal with this situation.

Access:  Utility easements in Allen County, Indiana, grant public and private utility companies the right to access private land to install, maintain, and repair essential infrastructure such as water lines, power grids, and sewer systems.  It’s important to note that this easement access by the utility companies to your property is legally allowed even if you do not use or intend to use the utility service. You cannot stop them from doing so.  Utility companies are not required to knock on your door or ask for permission to access your yard if a valid easement exists on your property. Utility companies may remove anything (like plants and rocks) that has been placed within the easement if it is necessary to accomplish their work.  

Road Damage:  In Allen County, utility companies and the Allen County Highway Department require that public and private roads be restored to their original or better condition following utility work or excavations. If an excavator damages a roadway while accessing an easement, they are legally required to repair the asphalt or concrete. 

The Association will be responsible for dealing with the utility companies for any road damage.  The Highway Department will inspect the roadway crossings under permits from Mercury Fiber, Frontier, and Comcast for any heaving or damage.

Since the Association (all of us) is responsible for 40% of the costs of road replacement in Allen County, Owners are encouraged to share any road damage pictures, dates the damage was first noticed, and location addresses with our Property Manager, Kyle Newcomb at kylen@westward360.com

Although any road issues caused by this type of work are the responsibility of the Association to pursue, restoration of your yard, sidewalks, and driveways is between each owner and the utility contractor, not the Association. 

Property Damage:  In Allen County, Indiana, utility companies have the legal right to access and maintain easements, but they are generally required to restore any property damage caused by construction. However, this restoration obligation typically applies only to the underlying ground (such as filling trenches and reseeding grass); it does not extend to replacing private structures or landscaping (like fences, rocks, trees, or plants) placed within the easement. 

If your property has been damaged by utility work, several specific steps and resources apply locally:

1. Document the Damage and Report To Applicable Agency

• Document Everything: Take clear photos and videos of the damage as soon as possible. 
   

• Determine Responsibility: With three different companies, this may become an issue.  Document all issues as soon as you find them to establish a timeline.  Understand that if the damage is to the sod, driveways, or standard grading, the utility usually handles restoration. If the damage is to unauthorized permanent structures or specific personal landscaping, the homeowner is usually responsible for the repair or removal.
   

• Contact the Utility Provider: Reach out directly to the utility responsible for the work.

  • Mercury:  Gray boxes (vaults). Contact: Call Mercury Broadband Support at 800-354-4915 or email support@mercuryfiber.com to report property damage.
     

·       Frontier:  Green boxes (vaults). Contact: Call Frontier customer service at 1-800-921-8101 to report property damage. If the crew damages your property or sprinkler lines, you can document it and file a report through the Frontier Property Damage Claim Form. 
 

·       Comcast:  Color TBD Boxes (vaults). Contact: Xfinity Support at 1-800-XFINITY or post on the Xfinity Community Forum to log a formal complaint or demand a guarantee of yard restoration. 
 

• Landscaping Contact:  RODRIGUEZ LANDSCAPING has been identified by owners as the contact for landscaping work issues. Brian Rodriguez is the owner and his number is 443-564-5574. The company will put dirt/straw-seed down where needed and do some initial watering. It is up to the homeowner to continue to water the patches. Also, if plants die due to the digging, they have indicated that they would replace these but are not obligated to do so.
   

• Contact Indiana Utility Regulatory Commission (IURC): If a utility company refuses to restore standard property, grading, or turf as required by their permit or easement agreement, you can file an informal or formal complaint with the IURC Consumer Affairs Division.