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2. This paragraph does not exempt, except, or exclude an electric provider or
15supplier of broadband services from complying with any provision of state or federal
16law applicable to siting broadband infrastructure or providing broadband services.
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(b) Except as provided in par. (c) 1., terms or conditions of an easement held by
18an electric provider that inhibit the electric provider from using the easement for a
19purpose under par. (a) do not apply.
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(c) Paragraphs (a) and (b) do not apply to an easement that does any of the
21following:
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1. Expressly prohibits, by its terms, using the easement for a purpose under
23par. (a).
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2. Applies to property owned by the state or a city, village, town, or county.
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1(3) (a) In this subsection, “owner” means a person who owns a fee simple or life
2estate interest in land or who is a land contract vendee.
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(b) At least 30 days before first using an easement for a purpose under sub. (2)
4(a), an electric provider shall make a reasonable attempt to mail a notice to the owner
5of the property subject to the easement, as determined from records of the office of
6the register of deeds of the county in which the property subject to the easement is
7located, by mailing a notice to at least one of the following:
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1. The last known address for the owner of the property subject to the easement.
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2. The address listed with the county real property lister for the owner of the
10property subject to the easement.
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3. The registered agent office or principal office listed in the records of the
12department of financial institutions for the owner of the property subject to the
13easement.
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(c) If an electric provider is unable to identify an address to mail a notice under
15par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30
16days before first using an easement for a purpose under sub. (2) (a).
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(d) An electric provider shall include all of the following in a notice under par.
18(b) or (c):
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1. An identification of the property subject to the easement, which may be made
20by reference to the property address, by reference to the tax parcel number of the
21property, by map, or by legal description.
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2. A statement that the electric provider intends to install broadband
23infrastructure or use existing infrastructure to make broadband service available.
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3. An estimate of when the electric provider intends to install or begin using
25infrastructure under subd. 2.
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14. A reference to this section.
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5. A statement explaining that the electric provider may record a memorandum
3stating that the electric provider may use the easement for a purpose under sub. (2)
4(a).
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6. A notice that the owner of the property subject to the easement may not bring
6an action against the electric provider for using an easement for a purpose under sub.
7(2) (a) after one year after the date of receiving the notice.
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8(4) Beginning 30 days after providing notice under sub. (3), an electric provider
9may record a memorandum in the office of the register of deeds of a county in which
10property subject to an easement used for a purpose under sub. (2) (a) is located. The
11electric provider shall include all of the following in the memorandum:
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(a) One of the following:
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1. If the easement is recorded, recording information for the easement.
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2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2),
15the legal description of the parcel subject to the easement.
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(b) A reference to this section.
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(c) A statement that the electric provider may use the easement for a purpose
18under sub. (2) (a).
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(d) A statement that terms or conditions of the easement that inhibit the
20electric provider from using the easement for a purpose under sub. (2) (a) do not
21apply.
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22(5) (a) In this subsection, “owner” means an owner of or other person holding
23an interest in real property subject to an easement used for a purpose under sub. (2)
24(a).
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1(b) 1. If an owner provides an electric provider, a subsidiary of an electric
2provider, or a supplier of broadband services with an appraisal performed by an
3appraiser licensed under ch. 458 comparing the fair market value of the owner's real
4property interest immediately before and after an easement on the property is used
5for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of
6broadband services shall do one of the following within 30 days:
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a. Pay the owner the amount of damages identified in the appraisal provided
8by the owner.
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b. Notify the owner that it disputes the appraisal. If an electric provider,
10subsidiary, or supplier of broadband services disputes the appraisal provided by the
11owner under this subd. 1. b., the electric provider, subsidiary, or supplier of
12broadband services shall within 90 days provide the owner with an appraisal
13performed by an appraiser licensed under ch. 458 comparing the fair market value
14of the owner's real property interest immediately before and after an easement on
15the property is used for a purpose under sub. (2) (a). The owner shall make
16reasonable accommodations for performance of the appraisal under this subd. 1. b.