1999 Minnesota Statutes

     238.35 Use of existing easement; restrictions. 

    Subdivision 1.    Legislative findings.  There is a 
 long-standing legislative policy in the state of Minnesota to 
 provide for the dedication or other provision of easements 
 required by public utilities and cable communications 
 companies.  Except for applicable governmental rules, these 
 easements do not include any limitation on the type, number, or 
 size of cables or related cable communication system 
 components.  There is a public understanding and acceptance of 
 the need of public utilities and cable communications companies 
 to have the ability to use existing utility easements in order 
 to provide new and improved cable communications services made 
 possible by technological developments and to make changes to 
 the cables or related cable communication systems components. 
 Changing technology has caused and will continue to cause over 
 time the development of new cable communications services 
 requiring changing uses of existing utility easements.  Cable 
 communications companies have a need to use existing utility 
 easements in order to deliver their services to the public.  The 
 addition of cable communications system components does not 
 constitute an unanticipated or added burden on the real estate 
 subject to the easements.  

    Subd. 2.    Utility easement defined.  For purposes of 
 this section, the term "utility easement" includes all utility 
 easements or general purpose easements dedicated on a recorded 
 plat to the public or to the state or to any political 
 subdivision thereof; all deeded easements to the public or to 
 the state or to any political subdivision thereof which are for 
 general or utility purposes; all easements acquired by 
 condemnation or prescription by the state or any political 
 subdivision thereof which are for general or utility purposes; 
 and all easements in favor of any public service corporation for 
 telephone or electric transmission purposes.  

    Subd. 3.    Authorization to use existing utility 
 easement.  The state or any county, city, township, agency, or 
 political subdivision thereof, or any individual, partnership, 
 venture, or corporation which is licensed, franchised, or 
 authorized thereby to establish and operate a cable 
 communications company may utilize any existing utility easement 
 in accordance with the provisions of this section to install, 
 maintain, and remove cable communications system components 
 without the payment of additional compensation to the owners or 
 occupants of the real estate subject to the easement, other than 
 the owner of the utility easement or its successors or assigns.  

    Subd. 4.    Restrictions on use.  (a) As a condition of 
 using any utility easement, a cable communications company shall 
 be subject to any burdens, duties, or obligations specified in 
 the easement of the grantee of the easement.  

    (b) A cable communications company shall restore the real 
 estate, and any landscaping or improvements thereon, to the 
 condition they were in prior to entry within 30 days of 
 completing the installation of the cables and related cable 
 communications system components upon that real estate and to 
 make changes to the cables or related cable communication 
 systems components.  Changing technology has caused and will 
 continue to cause over time the development of new cable 
 communications services requiring changing uses of existing 
 utility easements.  Restoration which cannot be completed during 
 the winter months must be accomplished as promptly as weather 
 conditions permit.  

    HIST: 1983 c 329 s 9; 1985 c 248 s 70