HSB 124

This bill relates to optical fiber additions on certain easements. The bill allows the holder of an easement permitting the holder to operate or maintain an electric distribution system, as defined in the bill, to attach optical fiber, including all associated equipment, to an existing electric distribution system pursuant to the existing easement. An easement holder is not required to obtain an additional easement or license to attach optical fiber to an existing electric distribution system pursuant to an existing easement, provided no additional poles or structures are installed solely because of the optical fiber addition. The bill authorizes the owner of real property on which an easement holder attaches optical fiber on an existing electric distribution system pursuant to an existing agreement to recover damages against the easement holder for any actual damages caused by the optical fiber addition and any diminution in value of the real property caused by the optical fiber addition, taking into account any increase in value of the real property due to the addition. An action to recover damages shall be brought in the district court for the county in which the real property is located. An action to recover damages must be brought within one year after the easement holder attaches the optical fiber, provided, however, that an action to recover damages for optical fiber attached on or before the effective date of the bill must be brought within one year after the bill takes effect. The bill is the exclusive remedy to recover damages due to an optical fiber addition. _____ made on or before the effective date of the bill.