Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly As used in sections 188.01 to 188.23 of the Revised Code: (A) “Broadband service” means any wholesale or retail service that consists of, or includes the provision of, connectivity to a high-speed, high-capacity transmission medium that can carry signals from or to […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly An easement granted to an electric cooperative for purposes of transmitting, delivering, or otherwise providing electric power may be used, apportioned, or subleased to provide broadband service and such use, apportionment, or sublease shall not be considered an additional burden on the […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly (A) If the owner of the servient estate of an easement described in section 188.02 of the Revised Code brings an action regarding the use, apportionment, or sublease of the easement for broadband service, the court may award damages to the owner […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly The court may not grant injunctive relief or any other equitable relief for an action described in section 188.05 of the Revised Code. Last updated June 9, 2021 at 12:58 PM
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly Actions described in section 188.05 of the Revised Code shall be brought within one year of any alleged damage described in that section. Any action not brought within one year will result in forfeiture of that claim. Last updated June 9, 2021 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly Past, current, or future revenues or profits derived or to be derived from the use, apportionment, or sublease of an easement for broadband service are not admissible for any purpose in an action described in section 188.05 of the Revised Code. Last […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly Any court determination regarding an easement subject to an action described in section 188.05 of the Revised Code shall be considered a finding that the provision of broadband service is an allowable use or purpose under the easement as if the use […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly A court determination described in section 188.17 of the Revised Code shall be filed by the defendant in the action with the county recorder of the county in which the servient estate subject to the determination is located. The recorder shall make […]
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 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly Sections 188.01 to 188.23 of the Revised Code shall not be construed as expanding the authority of the state, its agencies, or political subdivisions beyond the authority existing under federal law or the laws of this state. Last updated June 9, 2021 […]
Effective: May 17, 2021 Latest Legislation: House Bill 2 – 134th General Assembly Sections 163.01 to 163.22 of the Revised Code do not apply regarding the application of sections 188.01 to 188.23 of the Revised Code. Last updated June 9, 2021 at 1:01 PM
