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House Study Bill 124 - IntroducedA Bill ForAn Act 1permitting optical fiber additions on certain easements,
2providing remedies, and including retroactive applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 564.9 Optical fiber additions —
2remedies.
31. a. The holder of an easement permitting the holder to
4maintain or operate an electric distribution system may attach
5optical fiber, together with all associated equipment for the
6distribution of communications and information services by
7optical fiber, to an existing electric distribution system
8pursuant to the existing easement. An easement holder shall
9not be required to acquire or purchase an additional easement
10or license to attach optical fiber to an existing electric
11distribution system pursuant to an existing easement, provided
12that no additional poles or structures are installed solely
13because of the optical fiber addition.
14b. For purposes of this section, “electric distribution
15system” means the same as defined in section 476.58.
162. Notwithstanding subsection 1, the owner of real property
17on which an easement holder attaches optical fiber to an
18existing electric distribution system pursuant to an existing
19easement shall have a cause of action against the easement
20holder to recover damages for any of the following:
21a. Actual damages caused by the optical fiber addition.
22b. The diminution in value of the real property caused by
23the optical fiber addition, taking into account any increase in
24value of the real property due to such addition.
253. An action to recover damages pursuant to subsection
262 shall be brought in the district court for the county in
27which the real property is located. No such action shall
28be brought after the expiration of one year following the
29date on which the easement holder attaches optical fiber
30pursuant to subsection 1, provided, however, that an action to
31recover damages for optical fiber attached on or before the
32effective date of this Act shall be brought within one year
33after the effective date of this Act. This section shall be
34the exclusive remedy for the recovery of damages pursuant to
35subsection 2.
-1-1 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies
2retroactively to optical fiber additions made on or before the
3effective date of this Act.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to optical fiber additions on certain
8easements.
9The bill allows the holder of an easement permitting the
10holder to operate or maintain an electric distribution system,
11as defined in the bill, to attach optical fiber, including all
12associated equipment, to an existing electric distribution
13system pursuant to the existing easement. An easement holder
14is not required to obtain an additional easement or license
15to attach optical fiber to an existing electric distribution
16system pursuant to an existing easement, provided no additional
17poles or structures are installed solely because of the optical
18fiber addition.
19The bill authorizes the owner of real property on which an
20easement holder attaches optical fiber on an existing electric
21distribution system pursuant to an existing agreement to
22recover damages against the easement holder for any actual
23damages caused by the optical fiber addition and any diminution
24in value of the real property caused by the optical fiber
25addition, taking into account any increase in value of the real
26property due to the addition. An action to recover damages
27shall be brought in the district court for the county in which
28the real property is located. An action to recover damages
29must be brought within one year after the easement holder
30attaches the optical fiber, provided, however, that an action
31to recover damages for optical fiber attached on or before the
32effective date of the bill must be brought within one year
33after the bill takes effect. The bill is the exclusive remedy
34to recover damages due to an optical fiber addition.
35The bill applies retroactively to optical fiber additions
-2-1made on or before the effective date of the bill.
-3-jda/rn
2providing remedies, and including retroactive applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 564.9 Optical fiber additions —
2remedies.
31. a. The holder of an easement permitting the holder to
4maintain or operate an electric distribution system may attach
5optical fiber, together with all associated equipment for the
6distribution of communications and information services by
7optical fiber, to an existing electric distribution system
8pursuant to the existing easement. An easement holder shall
9not be required to acquire or purchase an additional easement
10or license to attach optical fiber to an existing electric
11distribution system pursuant to an existing easement, provided
12that no additional poles or structures are installed solely
13because of the optical fiber addition.
14b. For purposes of this section, “electric distribution
15system” means the same as defined in section 476.58.
162. Notwithstanding subsection 1, the owner of real property
17on which an easement holder attaches optical fiber to an
18existing electric distribution system pursuant to an existing
19easement shall have a cause of action against the easement
20holder to recover damages for any of the following:
21a. Actual damages caused by the optical fiber addition.
22b. The diminution in value of the real property caused by
23the optical fiber addition, taking into account any increase in
24value of the real property due to such addition.
253. An action to recover damages pursuant to subsection
262 shall be brought in the district court for the county in
27which the real property is located. No such action shall
28be brought after the expiration of one year following the
29date on which the easement holder attaches optical fiber
30pursuant to subsection 1, provided, however, that an action to
31recover damages for optical fiber attached on or before the
32effective date of this Act shall be brought within one year
33after the effective date of this Act. This section shall be
34the exclusive remedy for the recovery of damages pursuant to
35subsection 2.
-1-1 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies
2retroactively to optical fiber additions made on or before the
3effective date of this Act.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to optical fiber additions on certain
8easements.
9The bill allows the holder of an easement permitting the
10holder to operate or maintain an electric distribution system,
11as defined in the bill, to attach optical fiber, including all
12associated equipment, to an existing electric distribution
13system pursuant to the existing easement. An easement holder
14is not required to obtain an additional easement or license
15to attach optical fiber to an existing electric distribution
16system pursuant to an existing easement, provided no additional
17poles or structures are installed solely because of the optical
18fiber addition.
19The bill authorizes the owner of real property on which an
20easement holder attaches optical fiber on an existing electric
21distribution system pursuant to an existing agreement to
22recover damages against the easement holder for any actual
23damages caused by the optical fiber addition and any diminution
24in value of the real property caused by the optical fiber
25addition, taking into account any increase in value of the real
26property due to the addition. An action to recover damages
27shall be brought in the district court for the county in which
28the real property is located. An action to recover damages
29must be brought within one year after the easement holder
30attaches the optical fiber, provided, however, that an action
31to recover damages for optical fiber attached on or before the
32effective date of the bill must be brought within one year
33after the bill takes effect. The bill is the exclusive remedy
34to recover damages due to an optical fiber addition.
35The bill applies retroactively to optical fiber additions
-2-1made on or before the effective date of the bill.
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