(A) If the owner of the servient estate of an easement described in section 188.02 of the Revised Code brings an action regarding the use, apportionment, or sublease of the easement for broadband service, the court may award damages to the owner equal to not more than the difference between the following:

Terms Used In Ohio Code 188.05

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Property: means real and personal property. See Ohio Code 1.59
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(1) The fair market value of the owner’s interest in the property of the estate immediately before the provision of broadband service;

(2) The fair market value of the owner’s interest in the property of the estate immediately after the provision of broadband service.

(B) Any damages awarded under division (A) of this section shall be a fixed amount that shall not continue, accumulate, or accrue.

(C) The values described in division (A) of this section shall be established by the testimony of a qualified real estate appraiser.

Last updated June 9, 2021 at 12:58 PM

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