Bill Text: MI HB4453 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Highways: construction and repair; interference of railroads during construction and maintenance of utilities; prohibit. Amends sec. 15 of 1925 PA 368 (MCL 247.185).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-10 - Bill Electronically Reproduced 03/09/2021 [HB4453 Detail]
Download: Michigan-2021-HB4453-Introduced.html
HOUSE BILL NO. 4453
March 09, 2021, Introduced by Rep. Bellino and
referred to the Committee on Communications and Technology.
A bill to amend 1925 PA 368, entitled
"An act to prohibit obstructions and encroachments on public highways; to provide for the removal of obstructions and encroachments on public highways; to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies, broadband companies, and municipalities may enter upon, construct, and maintain telegraph, telephone, power, cable television, or broadband lines, pipe lines, wires, cables, poles, conduits, sewers, and like structures upon, over, across, or under public roads, bridges, streets, and waters; and to prescribe penalties and provide remedies,"
by amending section 15 (MCL 247.185).
the people of the state of michigan enact:
Sec. 15. (1) The construction and maintenance of all such telegraph, telephone and
power lines, cable television lines, pipe lines, wires, cables, poles,
conduits, sewers, and like structures shall be is
subject to the paramount right of the public to use such the
public places, roads, bridges,
and waters, and shall must not interfere with other public uses thereof and nothing herein contained shall or impair the integrity of any track or roadbed owned or used by a
railroad for the transportation of individuals or property or interfere with
the running of railway trains. Nothing in this subsection must be
construed to authorize any telegraph, telephone, power, or other public utility, company, cable
television company, or municipality to cut,
destroy, or in anywise injure any tree or
shrub planted within any highway right
of way right-of-way or
along the margin, thereof,
or purposely left there for shade or ornament or to bridge across
any of the waters of this state. Nor
shall anything in this section or sections 13 and 14 be construed to grant
(2)
Nothing in this section or sections 13 and 14 must be construed to do any of
the following:
(a)
Relieve a public utility, cable television company, or broadband company of its
obligation to obtain a required approval for telegraph, telephone, and power
under an existing law, including under section 265 of the railroad code of
1993, 1993 PA 354, MCL 462.265.
(b)
Grant any rights whatsoever to any public utilities a public utility or cable television companies whatsoever, nor to company or impair anywise
any existing rights granted in accordance with the constitution
or laws of this state, but shall must be construed as a regulation of the exercise of all such the
rights.
