Virginia HB 1283: Utility easements; pole attachments.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18104587D

HOUSE BILL NO. 1283 

Offered January 10, 2018 

Prefiled January 10, 2018 

A BILL to amend and reenact � 55-50.2 of the Code of Virginia, 
 relating to utility easements. 
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Patron-- LaRock 

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Referred to Committee on Commerce and Labor 

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Be it enacted by the General Assembly of Virginia:

1. That � 55-50.2 of the Code of Virginia is amended and 
 reenacted as follows:

� 55-50.2. Utility easements.

A. Where 
 an easement, whether appurtenant or gross, is expressly granted by an 
 instrument recorded on or after July 1, 2006, that imposes on a servient tract 
 of land a covenant to provide an easement in the future for the benefit of 
 utility services, to relocate, construct, or maintain facilities owned by a an 
 entity that provides utility services, or pay the cost of such relocation, 
 construction, or maintenance, such covenant shall be deemed for all purposes to 
 touch and concern the servient tract, to run with the servient tract, its 
 successors, and assigns for the benefit of the entity providing utility 
 services, its successors, and assigns.

B. Where a public 
 service company has acquired a prescriptive 
 easement pursuant to which it has the right to install, 
 maintain, and use poles and wires in connection with its provision of electrical service, the rights of 
 such public service company pursuant 
 to its prescriptive easement shall be deemed to include the right of the 
 public service company to grant to any provider of 
 broadband or other telecommunications services the right 
 to attach its wires and appurtenant 
 facilities to the public service company's poles, including the right 
 to enter upon the right-of-way for purposes of installing and maintaining its wires and 
 appurtenant facilities, and without the approval of 
 the owner of the servient track of land, if the 
 public service company exercises such right in compliance with the following 
 conditions:

1. The public 
 service company shall not require or collect from the provider of 
 the telecommunications service any pole attachment fees or other consideration 
 for the attachment of the telecommunications service 
 provider's wires and appurtenant facilities to the public 
 service company's poles for a period of five years following the attachment; 
 and

2. If modifications 
 to the public service company's poles are necessary to make ready for the 
 attachment of the telecommunications service 
 provider's wires and appurtenant facilities to such poles, the costs 
 of such modifications shall be shared equally by the 
 public service company and the provider of the telecommunications service. 

Upon compliance with the 
 foregoing conditions, for so long as its prescriptive 
 easement exists, the 
 pu