Michigan Laws 560.190 – Public utility easements
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The proprietor shall provide public utility easements in accordance with the provisions of section 139. The following shall apply to all public utility easements included in a subdivision:
(a) Easements intended for use of public utilities shall not be deemed to be dedicated to the public but shall be private easements for public utilities and shall be equitably shared among such utilities.
Terms Used In Michigan Laws 560.190
- Land: means all land areas occupied by real property. See Michigan Laws 560.102
- Plat: means a map or chart of a subdivision of land. See Michigan Laws 560.102
- Proprietor: means a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not. See Michigan Laws 560.102
- Public utility: means all persons, firms, corporations, copartnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature. See Michigan Laws 560.102
- subdivision: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of this act by section 108 and 109. See Michigan Laws 560.102
(b) The public utilities first using an easement shall be reimbursed by later users for all rearrangement or relocation costs.
(c) Permanent structures may not be erected within easement limits by the owner of the fee but he shall have the right to make any other use of the land not inconsistent with the rights of public utilities, or the other uses as noted on the plat.
(d) The public utilities shall have the right to trim or remove trees that interfere with their use of easements.
(e) Nothing in this act shall be construed to limit any regulatory powers possessed by municipalities with respect to public utilities.