Effective: May 17, 2021
Latest Legislation: House Bill 2 - 134th General Assembly
The owner of a servient estate of an easement described in section 188.02 of the Revised Code may not bring an action described in section 188.05 of the Revised Code if any of the following apply:
(A) The owner, either directly or through the owner's membership in the electric cooperative or otherwise, authorized the electric cooperative's electric delivery system for the provision of broadband services.
(B) The owner, or any of the previous owners of the property that makes up the servient estate, has agreed to, or granted permission for, the use of the easement to provide broadband service.
(C) The facilities providing broadband service are used or are capable of being used to assist in the transmission, delivery, or use of electric service.
Last updated June 9, 2021 at 1:00 PM
Structure Ohio Revised Code
Chapter 188 | Electric Cooperative Easement Use for Broadband
Section 188.02 | Electric Cooperative Easement Use for Broadband Service.
Section 188.05 | Servient Estate Damage Award Limitations.
Section 188.08 | Equitable Relief Not Available.
Section 188.11 | Servient Estate Damage Action Limitations.
Section 188.14 | Revenues and Profits Not Admissible.
Section 188.17 | Court Determination for Allowable Use.
Section 188.20 | Court Determination Filed With County Recorder.
Section 188.23 | Servient Estate Damage Action Prohibited.
Section 188.27 | No Expansion of Governmental Authority.
Section 188.30 | Law Governing Appropriation of Real Property Does Not Apply.