The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation.
Updates may be slower during some times of the year, depending on the volume of enacted legislation.
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Section 188.01 | Definitions.
Latest Legislation:
House Bill 2 - 134th General Assembly
As used in sections 188.01 to 188.23 of the Revised Code: (A) "Broadband service" means any wholesale or retail service that consists of, or includes the provision of, connectivity to a high-speed, high-capacity transmission medium that can carry signals from or to multiple sources and that either provides access to the internet or provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. "Broadband service" includes video service, voice over internet protocol service, and internet protocol-enabled services. (B) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code. (C) "Internet protocol-enabled services" and "voice over internet protocol service" have the same meanings as in section 4927.01 of the Revised Code. (D) "Servient estate" means the land burdened by an easement. (E) "Video programming" means any programming generally considered comparable to programming provided by a television broadcast station. (F) "Video service" means video programming services without regard to delivery technology, including internet protocol technology and video programming provided as a part of a service that enables users to access content, information, electronic mail, or other services offered over the public internet.
Last updated June 9, 2021 at 12:57 PM
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Section 188.02 | Electric cooperative easement use for broadband service.
Latest Legislation:
House Bill 2 - 134th General Assembly
An easement granted to an electric cooperative for purposes of transmitting, delivering, or otherwise providing electric power may be used, apportioned, or subleased to provide broadband service and such use, apportionment, or sublease shall not be considered an additional burden on the servient estate.
Last updated June 9, 2021 at 12:57 PM
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Section 188.05 | Servient estate damage award limitations.
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If the owner of the servient estate of an easement described in section 188.02 of the Revised Code brings an action regarding the use, apportionment, or sublease of the easement for broadband service, the court may award damages to the owner equal to not more than the difference between the following: (1) The fair market value of the owner's interest in the property of the estate immediately before the provision of broadband service; (2) The fair market value of the owner's interest in the property of the estate immediately after the provision of broadband service. (B) Any damages awarded under division (A) of this section shall be a fixed amount that shall not continue, accumulate, or accrue. (C) The values described in division (A) of this section shall be established by the testimony of a qualified real estate appraiser.
Last updated June 9, 2021 at 12:58 PM
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Section 188.08 | Equitable relief not available.
Latest Legislation:
House Bill 2 - 134th General Assembly
The court may not grant injunctive relief or any other equitable relief for an action described in section 188.05 of the Revised Code.
Last updated June 9, 2021 at 12:58 PM
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Section 188.11 | Servient estate damage action limitations.
Latest Legislation:
House Bill 2 - 134th General Assembly
Actions described in section 188.05 of the Revised Code shall be brought within one year of any alleged damage described in that section. Any action not brought within one year will result in forfeiture of that claim.
Last updated June 9, 2021 at 12:58 PM
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Section 188.14 | Revenues and profits not admissible.
Latest Legislation:
House Bill 2 - 134th General Assembly
Past, current, or future revenues or profits derived or to be derived from the use, apportionment, or sublease of an easement for broadband service are not admissible for any purpose in an action described in section 188.05 of the Revised Code.
Last updated June 9, 2021 at 12:59 PM
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Section 188.17 | Court determination for allowable use.
Latest Legislation:
House Bill 2 - 134th General Assembly
Any court determination regarding an easement subject to an action described in section 188.05 of the Revised Code shall be considered a finding that the provision of broadband service is an allowable use or purpose under the easement as if the use or purpose was specifically stated in the terms of the easement.
Last updated June 9, 2021 at 12:59 PM
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Section 188.20 | Court determination filed with county recorder.
Latest Legislation:
House Bill 2 - 134th General Assembly
A court determination described in section 188.17 of the Revised Code shall be filed by the defendant in the action with the county recorder of the county in which the servient estate subject to the determination is located. The recorder shall make a notation in the official record that links the determination to the servient estate and the easement subject to the determination.
Last updated June 9, 2021 at 1:00 PM
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Section 188.23 | Servient estate damage action prohibited.
Latest Legislation:
House Bill 2 - 134th General Assembly
The owner of a servient estate of an easement described in section 188.02 of the Revised Code may not bring an action described in section 188.05 of the Revised Code if any of the following apply: (A) The owner, either directly or through the owner's membership in the electric cooperative or otherwise, authorized the electric cooperative's electric delivery system for the provision of broadband services. (B) The owner, or any of the previous owners of the property that makes up the servient estate, has agreed to, or granted permission for, the use of the easement to provide broadband service. (C) The facilities providing broadband service are used or are capable of being used to assist in the transmission, delivery, or use of electric service.
Last updated June 9, 2021 at 1:00 PM
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Section 188.27 | No expansion of governmental authority.
Latest Legislation:
House Bill 2 - 134th General Assembly
Sections 188.01 to 188.23 of the Revised Code shall not be construed as expanding the authority of the state, its agencies, or political subdivisions beyond the authority existing under federal law or the laws of this state.
Last updated June 9, 2021 at 1:04 PM
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Section 188.30 | Law governing appropriation of real property does not apply.
Latest Legislation:
House Bill 2 - 134th General Assembly
Sections 163.01 to 163.22 of the Revised Code do not apply regarding the application of sections 188.01 to 188.23 of the Revised Code.
Last updated June 9, 2021 at 1:01 PM
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