Sec. 8-133a. Relocation or removal of public service facilities from streets closed as part of project.
Sec. 8-133a. Relocation or removal of public service facilities from streets
closed as part of project. As used in this section, "public service facility" includes any
sewer, pipe, main, conduit, cable, wire, pole, tower, building or utility appliance owned
or operated by an electric, gas, telephone, telegraph, water or community antenna television service company. Whenever a redevelopment agency determines that the closing
of any street or public right-of-way is provided for in a redevelopment or renewal plan
adopted and approved in accordance with section 8-127, or where the carrying out of
such a redevelopment or renewal plan, including the construction of new improvements,
requires the temporary or permanent readjustment, relocation or removal of a public
service facility from a street or public right-of-way, the agency shall issue an appropriate
order to the company owning or operating such facility, and such company shall permanently or temporarily readjust, relocate or remove the same promptly in accordance with
such order, provided an equitable share of the cost of such readjustment, relocation or
removal of said public service facility located within the redevelopment area, including
the cost of installing and constructing a facility of equal capacity in a new location, shall
be borne by the redevelopment agency. Such equitable share shall be fifty per cent of
such cost after the deductions hereinafter provided. In establishing the equitable share
of the cost to be borne by the redevelopment agency, there shall be deducted from the
cost of the readjusted, relocated or removed facilities a sum based on a consideration
of the value of materials salvaged from existing installations, the cost of the original
installation, the life expectancy of the original facility and the unexpired term of such life
use. For the purposes of determining the equitable share of the cost of such readjustment,
relocation or removal, the books and records of the company shall be available for the
inspection of the redevelopment agency. When any facility is removed from a street or
public right-of-way to a private right-of-way, the redevelopment agency shall not pay
for such private right-of-way. If the redevelopment agency and the company owning
or operating such facility cannot agree upon the share of the cost to be borne by the
redevelopment agency, either may apply to the superior court for the county within
which the street or public right-of-way is situated, or, if the court is not in session, to
any judge thereof, for a determination of the cost to be borne by the redevelopment
agency, and such court or such judge, after causing notice of the pendency of such
application to be given to the other party, shall appoint a state referee to make such
determination. Such referee, having given at least ten days' notice, to the parties interested, of the time and place of the hearing, shall hear both parties, shall take such testimony as such referee may deem material and shall thereupon determine the amount of
the cost to be borne by the redevelopment agency and forthwith report to the court. If
the report is accepted by the court, such determination shall, subject to right of appeal
as in civil actions, be conclusive upon such parties.
(1959, P.A. 73, S. 1; 1961, P.A. 469; 1969, P.A. 381; P.A. 75-130.)
History: 1961 act removed facilities owned by municipal government; 1969 act made minor changes in wording; P.A.
75-130 included material of community antenna television service companies in definition.
Cited. 161 C. 234.