{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-139.302","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-139.302","heading":"Use of electric service easements for supplying","body":"broadband services.\n\nA. Any easement owned, held or otherwise used by an Electric\n\nProvider for the purpose of electric services may also be used by\n\nthat Electric Provider or its broadband subsidiary,\n\nTelecommunications Provider or other Approved Broadband Provider,\n\nfor the purpose of supplying Broadband Services.\n\nB. Notwithstanding the provisions of Section 2023 of Title 12\n\nof the Oklahoma Statutes, a class action lawsuit may not be\n\nmaintained against an Electric Provider or its broadband subsidiary\n\nin a suit for trespass, nuisance or inverse condemnation based on a\n\nclaim of expanded use of an easement where the broadband facilities\n\nare located on an easement owned, held or otherwise used by an\n\nElectric Provider. In a suit of trespass, nuisance or inverse\n\ncondemnation against an Electric Provider or its broadband\n\nsubsidiary, based on a claim of expanded use of an easement, any\n\ntrespass, nuisance or condemnation found to exist shall be deemed\n\npermanent and the actual damages awarded shall be the fair market\n\nvalue which, notwithstanding any other provision of law, shall\n\nalways be greater than zero (0), but shall not exceed the difference\n\nbetween the fair market value of the property owner's entire\n\nproperty immediately before the taking and the fair market value of\n\nthe property owner's property immediately after the taking. In such\n\na suit, evidence of revenues or profits derived, or the rental value\n\nof use of the attached broadband facilities, shall not be admissible\n\nin determining fair market value. A property owner's actual damages\n\nshall be fixed at the time of the initial broadband installation and\n\nshall not be deemed to continue, accumulate or accrue. Upon payment\n\nof damages, the Electric Provider and/or its broadband subsidiary\n\nand/or the Telecommunications Provider and/or Approved Broadband\n\nProvider shall be granted a permanent easement for the use,\n\nreplacement, and maintenance of the facilities installed.\n\nC. An Approved Broadband Provider or a Telecommunications\n\nProvider with a valid pole attachment agreement with the Electric\n\nProvider to which it is attaching may use the Electric Provider's\n\neasement for the purpose of providing Broadband Services.\n\nNotwithstanding the provisions of Section 2023 of Title 12 of the\n\nOklahoma Statutes, a class action lawsuit may not be maintained\n\nagainst an Approved Broadband Provider, Electric Provider, its\n\nbroadband subsidiary, or Telecommunications Provider in a suit for\n\ntrespass, nuisance or inverse condemnation based on a claim of\n\nexpanded use of an easement where the broadband facilities are\n\nlocated on infrastructure owned, held or otherwise used by an\n\nElectric Provider. In a suit for trespass, nuisance or inverse\n\ncondemnation against an Approved Broadband Provider, Electric\n\nProvider, its broadband subsidiary, or Telecommunications Provider,\n\nbased on a claim of expanded use of an easement by the Electric\n\nProvider or Approved Broadband Provider, any trespass, nuisance or\n\ncondemnation found to exist shall be deemed permanent and the actual\n\ndamages awarded shall be the fair market value which,\n\nnotwithstanding any other provision of law, shall always be greater\n\nthan zero (0), but shall not exceed the difference between the fair\n\nmarket value of the property owner's entire property immediately\n\nbefore the taking and the fair market value of the property owner's\n\nproperty immediately after the taking. In such a suit, evidence of\n\nrevenues or profits derived, or the rental value of use of the\n\nattached broadband facilities, shall not be admissible in\n\ndetermining fair market value. A property owner's actual damages\n\nshall be fixed at the time of the initial broadband installation and\n\nshall not be deemed to continue, accumulate or accrue. Upon payment\n\nof damages, the Approved Broadband Provider, Electric Provider, its\nf the\n\nattached broadband facilities, shall not be admissible in\n\ndetermining fair market value. A property owner's actual damages\n\nshall be fixed at the time of the initial broadband installation and\n\nshall not be deemed to continue, accumulate or accrue. Upon payment\n\nof damages, the Approved Broadband Provider, Electric Provider, its\n\nbroadband subsidiary, or Telecommunications Provider shall be\n\ngranted a permanent easement for the use, replacement and\n\nmaintenance of the facilities installed.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"30c0a6a2ac7c866d50c3859473283dd89f01ed8217eb61b688308667c22b7b81","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-139.301","next":"us-ok/okla.-stat.-tit.-17-17-139.303"},"notice":"GroundRules: Original legal text. Not legal advice."}