1. (1) A property owner, as defined in section 29-27-501 (5), is entitled to just and reasonable compensation from a provider, as defined in section 29-27-501 (6), who obtains access to a multiunit building, as defined in section 29-27-501 (4), from a property owner. The property owner and the requesting provider shall attempt to reach a mutually acceptable agreement regarding reasonable and non-discriminatory compensation due to the property owner as a result of the requesting provider's installation of broadband facilities. In establishing the amount that will constitute reasonable compensation the parties shall consider:

   1. (a) The extent to which the broadband facilities physically occupy the property;
   2. (b) The actual long-term damage the broadband facilities may cause to the property;
   3. (c) The extent to which the broadband facilities would interfere with the normal use and enjoyment of the property;
   4. (d) The monthly cost of utilities to service the provider's broadband facilities; and
   5. (e) The diminution or enhancement in value of the property resulting from the availability of the broadband internet service.

Source: L. 2024: Entire part added, (HB 24-1334), ch. 218, p. 1359, § 1, effective August 7.

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