2006 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 and public
rights-of-way required by public utilities and cable communications systems. 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 systems
to have the ability to use existing utility easements and public rights-of-way 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 and public
rights-of-way. Cable communications systems have a need to use existing utility easements
and public rights-of-way 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 or public rights-of-way.
    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 system 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 system is subject to any burdens, duties, or obligations specified in the easement
of the grantee of the easement.
(b) Subject to any applicable rights and obligations of sections 237.162 and 237.163 and
any local right-of-way ordinance adopted under those statutes, a person operating a cable
communications system 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.
History: 1983 c 329 s 9; 1985 c 248 s 70; 2004 c 261 art 7 s 22,23,28