2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-5,106 - Electric utility easement; use for commercial broadband facilities; claim or cause of action; limitations; exceptions; acceptance of damage award; effect.

86-5,106.
Electric utility easement; use for commercial broadband facilities; claim or cause of action; limitations; exceptions; acceptance of damage award; effect.
(1)(a) No cause of action against an electric utility or a commercial broadband supplier concerning the use of an electric utility easement for commercial broadband facilities pursuant to a broadband facility agreement may be brought by or on behalf of a property owner more than two years after the later of:
(i) November 14, 2020; or
(ii) The date of mailing of notice by an electric utility or a designated commercial broadband supplier acting on the electric utility's behalf pursuant to subsection (5) of section 86-5,105.
(b) Subdivision (1)(a) of this section does not apply to a cause of action based on:
(i) Physical damage to property;
(ii) Injury to natural persons; or
(iii) Breach of the terms and conditions of a written electric easement as the terms and conditions apply in accordance with subsection (3) of section 86-5,105.
(c) Nothing in this section extends the statute of limitations applicable to a claim or revives an expired claim.
(2) A cause of action to which subdivision (1)(a) of this section applies shall not be brought against a commercial broadband supplier for notice provided by the commercial broadband supplier on behalf of an electric utility under subdivision (2)(b) of section 86-5,105. Nothing in this subsection prohibits an electric utility and a commercial broadband supplier from contracting to allocate liability for notice required under subdivision (2)(b) of section 86-5,105.
(3) If a property owner brings a trespass claim, inverse condemnation claim, or any other claim or cause of action to which subdivision (1)(a) of this section applies for an electric utility's or commercial broadband supplier's performance of actions described in subdivision (1)(a) or (1)(b) of section 86-5,105, the following applies to the claim or cause of action:
(a) The measure of damages for all claims or causes of action to which subdivision (1)(a) of this section applies, taken together, is the fair market value of the reduction in value of the property owner's interest in the real property. In determining or providing the fair market value under this subdivision (a):
(i) The following shall not be used and are not admissible as evidence in any proceeding:
(A) Profits, fees, or revenue derived from the attached facilities; or
(B) The rental value of the real property interest or the electric utility easement, including the rental value of any attached facilities or an assembled broadband corridor; and
(ii) Consideration shall be given to any increase in value to the real property interest resulting from the availability of commercial broadband service to the real property underlying the real property interest that arises from the installation of attached facilities;
(b) The property owner shall make reasonable accommodations for the electric utility or commercial broadband supplier to perform an appraisal or inspection of the real property within ninety days following any written request for an appraisal or inspection. If a property owner fails to make such accommodations, the electric utility or commercial broadband supplier has no further liability to the property owner with respect to such claim or cause of action. The electric utility or commercial broadband supplier shall promptly provide to the property owner a copy of any appraisal performed pursuant to this subdivision (b);
(c) Any damages for any claims or causes of action to which subdivision (1)(a) of this section applies:
(i) Are limited to those damages that existed at the time the electric utility or commercial broadband supplier first performed the actions; and
(ii) Shall not be deemed to continue, accrue, or accumulate; and
(d) With regard to a claim or cause of action to which subdivision (1)(a) of this section applies:
(i) A property owner is not entitled to reimbursement from an electric utility or commercial broadband supplier for the cost of any appraisal, attorney's fees, or award for special, consequential, indirect, or punitive damages; and
(ii) For purposes of this subdivision (d), any action or failure to act by an electric utility or a commercial broadband supplier in furtherance of the electric utility's or commercial broadband supplier's exercise of action set forth in subsection (1) of section 86-5,105 shall not be deemed negligence or willful misconduct.
(4) By accepting a damage award for any claim or cause of action to which subdivision (1)(a) of this section applies, a property owner shall be deemed to have granted an increase in the scope of the electric utility easement, equal in duration to the term of the electric utility easement and subject to this section, to the extent of the property owner's rights in the real property, for all of the uses of the real property and actions set forth in subsection (1) of section 86-5,105.
Source
Laws 2020, LB992, § 5.