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.
History: Add. 2020, Act 60, Imd. Eff. Mar. 10, 2020
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)
Section 600.2902 - Actions Abolished; Certain Real Actions.
Section 600.2903 - Judgment in Tort; Renewal; Continuance of Remedies.
Section 600.2904 - Repealed. 1964, Act 170, Eff. July 1, 1965.
Section 600.2905 - Civil Actions by State; Laws Applicable.
Section 600.2906 - Confession of Judgment.
Section 600.2907 - Malicious Prosecution or Action; Civil Liability, Penalty.
Section 600.2907a - Violation of MCL 565.25; Liability to Owner of Encumbered Property; Penalty.
Section 600.2908 - Repealed. 1972, Act 284, Eff. Jan. 1, 1973.
Section 600.2909 - Stockholders; Individual Liability for Corporate Debts; Enforcement; Labor Debts.
Section 600.2910 - Action for Seduction.
Section 600.2911 - Action for Libel or Slander.
Section 600.2912 - Actions for Malpractice; Member of State Licensed Profession.
Section 600.2912a - Action Alleging Malpractice; Burden of Proof.
Section 600.2912g - Arbitration.
Section 600.2912h - Settlement Agreement.
Section 600.2915 - Actions for Taxes Due Other States; Reciprocity.
Section 600.2919 - Damage or Waste to Land; Damages; Injunction; Contempt.
Section 600.2921 - Survival of Actions; Death of Injured Person During Pendency of Action.
Section 600.2924 - Bill of Discovery.
Section 600.2925 - Repealed. 1974, Act 318, Imd. Eff. Dec. 15, 1974.
Section 600.2925b - Determining Pro Rata Shares of Tortfeasors.
Section 600.2925d - Effect of Release, Covenant Not to Sue, or Covenant Not to Enforce Judgment.
Section 600.2926 - Jurisdiction to Appoint Receivers; Termination.
Section 600.2929 - Lands Held in Trust; Sale by Fiduciary, Orders of Court.
Section 600.2931 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2933 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2935 - Quieting Title; Recording of Judgment.
Section 600.2943 - Quieting Title; Relief to Defendant on Rehearing.
Section 600.2944 - Access to Adjoining Property for Repairs or Improvements.
Section 600.2945 - Definitions.
Section 600.2946 - Product Liability Action; Admissible Evidence.
Section 600.2946a - Determination of Damages; Limitation.
Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.
Section 600.2948 - Death or Injury; Warnings as Evidence.
Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.
Section 600.2949a - Knowledge of Defective Product.
Section 600.2950b - Forms; Liability of Individual Providing Assistance.
Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.
Section 600.2950h - Definitions.
Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.
Section 600.2950l - Foreign Protection Order.
Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.
Section 600.2953a - Motion Picture Recording Violation.
Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.
Section 600.2956 - Several and Joint Liability.
Section 600.2956a - Certificate of Employability as Evidence of Due Care.
Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.
Section 600.2959 - Comparative Fault; Reduced Damages.
Section 600.2960 - Burden of Proof; Cause of Action.
Section 600.2962 - Malpractice Action Against Certified Public Accountant.
Section 600.2965 - Recovery of Damages by Firefighter or Police Officer; Preclusion Abolished.
Section 600.2966 - Injury to Firefighter or Police Officer; Governmental Immunity.
Section 600.2968 - Repealed. 2020, Act 367, Imd. Eff. Jan. 4, 2021.
Section 600.2969 - Repealed. 1999, Act 239, Eff. Jan. 1, 2003.
Section 600.2970 - Repealed. 1999, Act 240, Eff. Jan. 1, 2003.
Section 600.2971 - Wrongful Birth or Wrongful Life Claims; Prohibitions; Exceptions.
Section 600.2975a - Entry of Judgment for Damages; Notice to Department.
Section 600.2978 - Court Action by Victim of Female Genital Mutilation; Remedies; Definitions.