Utility easements; encroachments.

Utility easements; encroachments. Declaresthat the damages to which a provider of utility services is entitledwhen the owner of the servient tract improves, occupies, or otherwiseencroaches on an easement in which the provider has utility facilitiesshall be determined only on the basis of (i) any reduction in thevalue of such easement as a result of such construction, occupation,or other encroachment and (ii) the additional costs reasonably anticipatedto be incurred by the entity in its provision of utility services.If the owner of the servient tract and the provider are unable to agree upon the appropriate amount of damages, either party may requestthe State Corporation Commission to determine the amount.