Oklahoma Senate Bill SB457

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Electric provider easements; providing for use of certain easements for broadband service; establishing provisions for use. Effective date.

Impact

One of the major implications of SB457 is the modification of the legal landscape concerning property use and rights associated with easements. The bill prohibits class action lawsuits against electric providers or approved broadband providers based on allegations of trespass or inverse condemnation due to the expanded use of easements for broadband infrastructure. This provision aims to provide legal protection and reduce litigation risk for companies that expand services through existing easements, potentially accelerating broadband rollout.

Summary

Senate Bill 457 proposes significant changes regarding the utilization of electric provider easements for broadband service expansion in Oklahoma. The bill defines key terms including 'approved broadband provider' and 'electric provider' while allowing elevated usage of existing utility easements for the installation and maintenance of broadband services. It establishes that electric providers can use their easements not only for electric services but also for high-speed broadband services, which is a step towards broadening access to internet connectivity within the state.

Contention

However, the bill has drawn some controversy. Critics may argue that reducing the ability of property owners to claim damages or seek recourse through class action lawsuits undermines their property rights. The bill establishes that once damages are awarded, the trespass or additional use of land becomes a permanent situation for which the provider is granted an easement, potentially limiting property owners' recourse to only what is defined as fair market value without considering other types of damages. Members advocating for property rights may express concerns about the ramifications of such provisions, particularly in areas where expanded broadband service could conflict with existing land uses.