Michigan Compiled Laws

Mich. Comp. Laws § 560.190 (2026)

Public utility easements.

✓ current as of July 2026

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LAND DIVISION ACT

Act 288 of 1967

560.190 Public utility easements.

Sec. 190.

The proprietor shall provide public utility easements in accordance with the provisions of section 139. The following shall apply to all public utility easements included in a subdivision:

(a) Easements intended for use of public utilities shall not be deemed to be dedicated to the public but shall be private easements for public utilities and shall be equitably shared among such utilities.

(b) The public utilities first using an easement shall be reimbursed by later users for all rearrangement or relocation costs.

(c) Permanent structures may not be erected within easement limits by the owner of the fee but he shall have the right to make any other use of the land not inconsistent with the rights of public utilities, or the other uses as noted on the plat.

(d) The public utilities shall have the right to trim or remove trees that interfere with their use of easements.

(e) Nothing in this act shall be construed to limit any regulatory powers possessed by municipalities with respect to public utilities.

History: 1967, Act 288, Eff. Jan. 1, 1968

PopularName Notes:

Plat Act

PopularName Notes:

Subdivision Control

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1974–2025 · leading case: White v. City of Ann Arbor, 281 N.W.2d 283 (Mich. 1979).

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White v. City of Ann Arbor, 281 N.W.2d 283 (Mich. 1979). · cites it 2× “We granted leave in White v Detroit Edison to determine whether a cable television franchise can utilize Detroit Edison poles on property designated as a "public utility easement" pursuant to the Subdivision Control Act of 1967, MCL 560.190; MSA 26.430(190), to gain access to…”

D'Andrea v. AT&T Michigan, 795 N.W.2d 620 (Mich. Ct. App. 2010). · cites it 3× “139; MCL 560.190. However, these provisions merely state that public utility easements must be equitably shared among the public utilities, and the statute limits the uses servient property owners may make of a utility easement.”

Toll Northville, Ltd v. Northville Twp., 726 N.W.2d 57 (Mich. Ct. App. 2007). “119 (“The proprietor shall submit 2 copies of the preliminary plat to the county plat board and to the public utilities serving the area for informational purposes.”

Bd. of Educ. v. Michigan Bell Tel. Co., 215 N.W.2d 704 (Mich. Ct. App. 1974). · cites it 2× “MCLA 560.190; MSA 26.430(190): "The proprietor shall provide public utility easements in accordance with the provisions of section 139.”

Bonnie Faraone v. Lansing Bd. of Water & Light (Mich. Ct. App. 2025). · cites it 16× “The court first noted that MCL 560.190 grants public utilities the right to trim or remove trees that interfere with their easements.”

— Mich. Comp. Laws § 560.190(d) — 1 case

Bonnie Faraone v. Lansing Bd. of Water & Light (Mich. Ct. App. 2025). “The court first noted that MCL 560.190 grants public utilities the right to trim or remove trees that interfere with their easements.”

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