SB1104,36,1210 3. The registered agent office or principal office listed in the records of the
11department of financial institutions for the owner of the property subject to the
12easement.
SB1104,36,1513 (c) If an electric provider is unable to identify an address to mail a notice under
14par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30
15days before first using an easement for a purpose under sub. (2) (a).
SB1104,36,1716 (d) An electric provider shall include all of the following in a notice under par.
17(b) or (c):
SB1104,36,2018 1. An identification of the property subject to the easement, which may be made
19by reference to the property address, by reference to the tax parcel number of the
20property, by map, or by legal description.
SB1104,36,2221 2. A statement that the electric provider intends to install broadband
22infrastructure or use existing infrastructure to make broadband service available.
SB1104,36,2423 3. An estimate of when the electric provider intends to install or begin using
24infrastructure under subd. 2.
SB1104,36,2525 4. A reference to this section.
SB1104,37,3
15. A statement explaining that the electric provider may record a memorandum
2stating that the electric provider may use the easement for a purpose under sub. (2)
3(a).
SB1104,37,64 6. A notice that the owner of the property subject to the easement may not bring
5an action against the electric provider for using an easement for a purpose under sub.
6(2) (a) after one year after the date of receiving the notice.
SB1104,37,10 7(4) Beginning 30 days after providing notice under sub. (3), an electric provider
8may record a memorandum in the office of the register of deeds for a county in which
9property subject to an easement used for a purpose under sub. (2) (a) is located. The
10electric provider shall include all of the following in the memorandum:
SB1104,37,1111 (a) One of the following:
SB1104,37,1212 1. If the easement is recorded, recording information for the easement.
SB1104,37,1413 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2),
14the legal description of the parcel subject to the easement.
SB1104,37,1515 (b) A reference to this section.
SB1104,37,1716 (c) A statement that the electric provider may use the easement for a purpose
17under sub. (2) (a).
SB1104,37,2018 (d) A statement that terms or conditions of the easement that inhibit the
19electric provider from using the easement for a purpose under sub. (2) (a) do not
20apply.
SB1104,37,23 21(5) (a) In this subsection, “owner” means an owner of or other person holding
22an interest in real property subject to an easement used for a purpose under sub. (2)
23(a).
SB1104,38,424 (b) 1. If an owner provides an electric provider, a subsidiary of an electric
25provider, or a supplier of broadband services with an appraisal performed by an

1appraiser licensed under ch. 458 comparing the fair market value of the owner's real
2property interest immediately before and after an easement on the property is used
3for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of
4broadband services shall do one of the following within 30 days:
SB1104,38,65 a. Pay the owner the amount of damages identified in the appraisal provided
6by the owner.
SB1104,38,147 b. Notify the owner that it disputes the appraisal. If an electric provider,
8subsidiary, or supplier of broadband services disputes the appraisal provided by the
9owner under this subd. 1. b., the electric provider, subsidiary, or supplier of
10broadband services shall within 90 days provide the owner with an appraisal
11performed by an appraiser licensed under ch. 458 comparing the fair market value
12of the owner's real property interest immediately before and after an easement on
13the property is used for a purpose under sub. (2) (a). The owner shall make
14reasonable accommodations for performance of the appraisal under this subd. 1. b.
SB1104,38,2115 2. If an owner who receives an appraisal under subd. 1. b. from an electric
16provider, subsidiary, or supplier of broadband services provides to the electric
17provider, subsidiary, or supplier of broadband services written notice accepting the
18appraisal or does not bring an action under par. (d) within 30 days of receiving the
19appraisal, the electric provider, subsidiary, or supplier of broadband services shall
20promptly remit payment to the owner for the difference in the fair market value of
21the owner's real property interest identified in the appraisal.
SB1104,38,2522 (c) An owner may not bring an action against an electric provider, a subsidiary
23of an electric provider, or a supplier of broadband services for damages from a
24decrease in the value of the owner's interest in real property due to the use of an
25easement for a purpose under sub. (2) (a) except as provided under this subsection.
SB1104,39,5
1(d) An owner may bring an action under this subsection against an electric
2provider, a subsidiary of an electric provider, or a supplier of broadband services for
3damages from a decrease in the value of the owner's interest in real property due to
4the use of an easement for a purpose under sub. (2) (a) only if all of the following
5apply:
SB1104,39,106 1. The owner provides an appraisal under par. (b) 1. to the electric provider,
7subsidiary, or supplier of broadband services within one year after the date that the
8owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3),
9within one year after the date that a memorandum referring to an easement that
10applies to the property is recorded under sub. (4).
SB1104,39,1311 2. The owner brings the action within 30 days after receiving an appraisal from
12the electric provider, subsidiary, or supplier of broadband services under par. (b) 1.
13b.
SB1104,39,2114 (e) The maximum recovery under this subsection may not exceed the difference
15between the fair market value of the owner's real property interest immediately
16before an easement on the property is used for a purpose under sub. (2) (a) and the
17fair market value of the owner's real property interest immediately after an
18easement on the property is used for a purpose under sub. (2) (a). Evidence of
19revenues, profits, or fees received by an electric provider, a subsidiary of an electric
20provider, or a supplier of broadband services shall not be admissible as evidence in
21any proceeding or action under this subsection.
SB1104,69 22Section 69. 196.218 (5) (a) 10. of the statutes is amended to read:
SB1104,39,2423 196.218 (5) (a) 10. To make broadband expansion grants and administer the
24program under s. 196.504 (2).
SB1104,70 25Section 70. 196.504 (1) (ac) 4. of the statutes is created to read: