Bill Text: MI HB4266 | 2019-2020 | 100th Legislature | Enrolled
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-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Cole, Calley, Rendon, O’Malley, Green, Allor, Hauck, Inman, VanSingel, Whiteford, Miller, Lower, Wendzel and Mueller
ENROLLED HOUSE BILL No. 4266
AN ACT to amend
1961 PA 236, entitled “An act to revise and consolidate the statutes relating
to the organization and jurisdiction of the courts of this state; the powers
and duties of the courts, and of the judges and other officers of the courts;
the forms and attributes of civil claims and actions; the time within which
civil actions and proceedings may be brought in the courts; pleading, evidence,
practice, and procedure in civil and criminal actions and proceedings in the
courts; to provide for the powers and duties of certain state governmental
officers and entities; to provide remedies and penalties for the violation of
certain provisions of this act; to repeal all acts and parts of acts
inconsistent with or contravening any of the provisions of this act; and to
repeal acts and parts of acts,” (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 provided in
the National Electrical Safety Code in effect on the date of installation.
(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 provided in the National Electrical Safety Code in
effect on the date of the installation.
(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’s
purpose and use are expressly and specifically prohibited by the terms of the
easement.
(c) 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.
Enacting
section 1. This amendatory act does not take effect unless House Bill No. 5266
of the 100th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
