MI HB4266

Establishes a rebuttable presumption that Michigan electric cooperatives do not unreasonably increase burden on easement property if the new facility is installed above electrical space, replaces existing facilities, is placed within electrical/communications space per National Electrical Safety Code, or is installed underground along existing facilities.

Limits liability of Michigan electric cooperatives in trespass, unjust enrichment, or related easement actions unless the plaintiff proves the facility was installed outside easement bounds, expressly prohibited by easement terms, or unreasonably increases property burden.

Prohibits use of revenue evidence from cooperative services in damages calculations and caps damages at $3.00 per linear foot, with damages determined only by actual diminution in property value directly related to facility installation.

Defines "facility" as new or expanded broadband fiber infrastructure used partially for electric service and "Michigan electric cooperative" as entities transmitting or distributing electric service organized as cooperative corporations under 1931 PA 327 or similar entities headquartered in Michigan.

Takes effect immediately but only if House Bill No. 5266 of the 100th Legislature is enacted into law.