220 ILCS 30/17.4

(220 ILCS 30/17.4)

Sec. 17.4. Notice and compensation.

(a) The broadband grant recipient must notify the property owner in writing by sending notification to the property owner's address specified in the online or publicly available records of the applicable county assessor (i) by the United States Postal Service, certified mail, return receipt requested; (ii) by a designated private delivery service, as defined by the Internal Revenue Service, that provides the same function as certified mail with return receipt; or (iii) by personally serving the notification. The property owner shall be notified at least 14 days, but not more than 60 days, prior to the broadband grant recipient entering upon such property for purposes of or in connection with the deployment of broadband infrastructure. The notice shall include the following information:

(1) the address of the property;

(2) the name of the broadband grant recipient and contact information for notice to the broadband grant recipient;

(3) the anticipated date of the proposed installation, maintenance, repair, or removal of the broadband infrastructure and projected length of time required to complete the installation, maintenance, or repair;

(4) information as to the time within which the owner may give notice and demand just compensation under this Section if the property owner believes that the property is diminished in value due to the burden on the property from the expanded use of the electric easement or right-of-way;

(5) the manner and method of, and the detailed design and construction plans for, such installation, maintenance, repair, and removal, including the location of the proposed entry and path of broadband facilities proposed to be placed, repaired, maintained, or removed upon the property;

(6) for installation of broadband infrastructure that will occur overhead, the details regarding how the broadband infrastructure installation will conform to applicable National Electric Safety Code standards for overhead clearance; and

(7) for installation of broadband infrastructure that will occur below ground, a statement absolving the property owner or the property owner's tenant from liability for any damages to broadband infrastructure that occur in the event of normal property use, including normal farming operations if the property is used for farming purposes.

(b) If the property owner intends to demand just compensation, the property owner must serve written notice thereof upon the broadband grant recipient within 45 days after the anticipated date of broadband deployment as provided in the notice to the property owner. Unless timely notice as provided in this subsection is given by the property owner to the broadband grant recipient, it will be conclusively presumed that the property owner does not claim just compensation for the burden on the property from the expanded use of the electric easement or the right-of-way.

(c) Any property owner described in subsection (a) who has given timely written notice to the broadband provider, as provided in subsection (b), may assert a claim for just compensation for diminution in value of the property from the expanded use of the electric easement or right-of-way. A property owner may bring suit in an applicable circuit court with jurisdiction to enforce a claim for just compensation and to have the amount of just compensation determined by a jury. Such action must be commenced within 6 months of delivery of the broadband grant recipient's original notice of intent to deploy broadband infrastructure. A property owner who has not given timely notice as provided in subsection (b) is barred from asserting such a claim.

(d) Neither the property owner's notice to demand just compensation, nor the property owner's assertion of a specific claim for just compensation, nor the initiation of any legal action to enforce the claim of just compensation shall delay or impair the right of the broadband grant recipient to deploy broadband infrastructure and provide broadband service within or upon, beneath, or over property described in subsection (a).

(Source: P.A. 104-426, eff. 8-15-25.)