Bill Text: MI HB4266 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil procedure: defenses; presumption in action involving certain utility easements; enact, and limit damages recoverable. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2979. TIE BAR WITH: HB 5266'19
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2020-03-10 - Assigned Pa 60'20 With Immediate Effect [HB4266 Detail]
Download: Michigan-2019-HB4266-Introduced.html
HOUSE BILL No. 4266
February 26, 2019, Introduced by Reps. Cole, Calley, Rendon, O'Malley, Green, Allor, Hauck, Inman, VanSingel, Whiteford, Miller, Lower, Wendzel, Mueller and Markkanen and referred to the Committee on Communications and Technology.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2979.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2979. (1) In a trespass, unjust enrichment, or any other
action arising from or relating to an easement held by a Michigan
electric cooperative and brought against the holding Michigan
electric cooperative, there is a rebuttable presumption that there
is no unreasonable or material increase in the burden on the
property subjected to the easement if the Michigan electric
cooperative can show 1 of the following:
(a) That the new or additional facility was installed above
the electric space, as defined by the Michigan electric
cooperative.
(b) That the new facility replaced a previously existing
facility in the same or substantially similar location on the pole
or poles.
(c) That the new or additional facility was installed within
the electric space or within the communications space, as defined
by the Michigan electric cooperative.
(d) That the new or additional facility was placed underground
along the same or substantially similar location of existing
underground electric facilities.
(2) In a trespass, unjust enrichment, or any other action
arising from or relating to an easement held by a Michigan electric
cooperative and brought against the holding Michigan electric
cooperative, the Michigan electric cooperative is not liable unless
the plaintiff establishes that 1 of the following applies to the
new or additional facility installed on an existing easement:
(a) The facility was installed outside the geographic bounds
of the express or prescriptive easement granted or obtained.
(b) The facility unreasonably or materially increases the
burden on the land.
(3) In a trespass, unjust enrichment, or any other action
arising from or relating to an easement held by a Michigan electric
cooperative and brought against the holding Michigan electric
cooperative, evidence of revenue realized by the Michigan electric
cooperative from services using the new or additional facility is
inadmissible for purposes of proving damages. Any damages in a
trespass, unjust enrichment, or any other action arising from or
relating to an easement held by a Michigan electric cooperative and
brought against the holding Michigan electric cooperative must be
determined by actual diminution of value of the property subject to
the easement and directly related to the installation of the
additional facility. However, damages awarded must not exceed $3.00
per linear foot.
(4) As used in this section:
(a) "Facility" means new or expanded broadband fiber
infrastructure used, at least partially, for electric service
purposes.
(b) "Michigan electric cooperative" includes entities engaged
in the transmission or distribution of electric service and that
are either of the following:
(i) An electric cooperative headquartered in this state
organized as a cooperative corporation under sections 98 to 109 of
1931 PA 327, MCL 450.98 to 450.109, serving primarily members of
the cooperative electric utility.
(ii) Another cooperative corporation headquartered in this
state.
