SB 589 — Relating to: temporary limited easements for construction crane booms that pass over adjacent real property.

- 2024 LEGISLATURE LRBs0201/1LRB-4589/1 KRP:cdc&emwKRP:amn SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 589 JanuaryOctober 22,30, 20242023 - OfferedIntroduced by Senator T OMCZYK ., cosponsored by Representatives PLUMER, M ICHALSK, M URPHY, O'CONNOR and S TEFFEN.

AReferred Nto ACommittee CTon toHousing, createRural 710.30Issues and 844.01Forestry. (5) of the statutes;

A N A CT to create 700.46 of the statutes;

creatingtemporary alimited statutoryeasements licensefor toconstruction passcrane abooms towerthat cranepass boom over adjacent real property.

Analysis by the Legislative Reference Bureau This bill provides that,that ifan a tower crane is used in connection with construction activities on real property, the owner of the real property,property theon personwhich responsibleconstruction foractivities operatingare theoccurring towerhas crane,a andtemporary thelimited generaleasement contractorover foradjacent thereal constructionproperty activitiesthat (licensee)allows eachpassing have a nonexclusive license to pass the tower crane boom over adjacentthe real property at such an altitude so as to not interfere with the then existing use to which the property, or the space over the property, is put by the owner.

Under the bill, the license terminates when the construction activities end or 24 months after the tower crane is installed, whichever occurs first.

Under the bill, at least 30 days before the tower crane is installed, the licensees must provide the owner of each adjacent real property over which the owner crane boom may pass written notice of the installation and the compensation specified in the bill.

In addition, the bill requires each licensee to maintain commercial general liability insurance in minimum amounts specified in the bill.

The bill provides that LRBs0201/1 - 2024 Legislature - 2 - KRP:cdc&emw a licensee may not exercise the licensee's rights under the license unless the notice, compensation, and insurance requirements are met.

710.30700.46 of the statutes is created to read:

710.30700.46 ConstructionEasements cranes;for construction crane booms.

licenseAn owner of real property on which construction activities are occurring has a temporary easement over adjacent real property for the duration of those construction activities for the limited purpose of passing a crane boom used in those construction activities over the adjacent real property at such an altitude so as to not interfere with the then existing - 2024 Legislature - 2 - LRB-4589/1 KRP:amn SENATE BILL 589 SECTION 1 use to which the adjacent airspace.real property, or the space over the adjacent real property, is put by the owner.

(1) D EFINITION.In this section, “licensee” means any of the following persons that have a license under sub.

(2):

(a) An owner of real property.

(b) A person responsible for operating a tower crane.

(c) A general contractor for construction activities.

(2) LICENSE TO PASS BOOM OVER ADJACENT REAL PROPERTY.If a tower crane is used in connection with construction activities on real property, the owner of the real property, the person responsible for operating the tower crane, and the general contractor for the construction activities each have a nonexclusive license to pass the tower crane boom over adjacent real property at such an altitude so as to not interfere with the then existing use to which the adjacent real property, or the space over the adjacent real property, is put by the owner.

(3) R ESPONSIBILITIES OF LICENSEESA licensee may not exercise the licensee's rights under the license described in sub.

(2) unless all of the following conditions are met:

(a) At least 30 days before the tower crane to which the license applies is installed, a licensee, on behalf of all licensees, provides to the owner of each adjacent real property over which the tower crane boom may pass all of the following:

1.

Written notice of the installation.

LRBs0201/1 - 2024 Legislature - 3 - KRP:cdc&emw SECTION 1 2.

The compensation specified in sub.

(4).

(b) Each licensee, before the tower crane to which the license applies is installed, obtains and, for the duration of the construction activities, maintains commercial general liability insurance in an amount not less than $2,000,000 per occurrence with an annual aggregate limit of not less than $5,000,000 for compensating 3rd parties for bodily injury and property damages arising from the tower crane.

(4) DETERMINING COMPENSATION.

(a) The licensee specified in sub.

(3) (a) shall compensate the owner of each adjacent real property over which the tower crane boom may pass.

Compensation may be any of the following:

1.

An amount equal to one percent of the assessed value of the adjacent real property or $25,000, whichever is less.

2.

Other compensation agreed upon by the licensee and the owner of the adjacent real property.

Other compensation under this subdivision may include a reciprocal agreement under which the licensee, as defined in sub.

(1) (a), grants the same or similar permissions or rights to the owner with respect to the licensee's real property.

(b) Notwithstanding par.

(a) and sub.

(3) (a) 2., the requirement under par.