SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2020 SESSION

  • | print version

HB 979 Utility easements; pole attachments.

Introduced by: Dave A. LaRock | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Utility easements; pole attachments. Declares that a prescriptive easement, including the right to use such easement for both electric and communications services, exists in an area unserved by broadband when an electric cooperative has a utility map showing the placement, dating back not fewer than 20 years, of facilities owned, maintained, or controlled by the electric cooperative within an easement, and there is no documentation in those records of the electric cooperative or in the public record showing a grant of an inconsistent express easement by the landowner to the cooperative within the easement area. The measure entitles a third-party nongovernmental broadband service provider to use such a prescriptive easement at no charge by the electric cooperative for apportionment and lease of the real estate rights of the cooperative. The measure also provides that when a cooperative has acquired a prescriptive easement in an area unserved by broadband pursuant to which it has the right to install, maintain, and use poles and wires or underground conduits for a communications purpose, it shall be the public policy of the Commonwealth to encourage broadband expansion and to interpret such easement to also include the right of a nongovernmental broadband service provider to install, maintain, operate, repair, and replace broadband lines, systems, and facilities necessary for the provision and extension of broadband and other communications services within such easement. The measure gives the State Corporation Commission exclusive jurisdiction over any dispute as to the right of an electric cooperative or nongovernmental broadband service provider to use such a prescriptive easement.


FULL TEXT

HISTORY