77-5-773 - Eminent domain; crossing lines and rights-of-way of utilities.
§ 77-5-773. Eminent domain; crossing lines and rights-of-way of utilities.
Municipalities participating in a joint project and joint agencies shall possess the power of eminent domain for a project authorized by this article to the extent and in the same manner and under the same laws now available to municipalities under the laws of this state; provided, however, a municipality or joint agency exercising the power of eminent domain for a project authorized by this article shall have no power to condemn any facilities or property owned by a public utility or electric power association for the generation, transmission or distribution of electric power and energy.
The lines and rights-of-way of any public utility or of electric power associations or of municipalities participating in a joint project or of any joint agency may be crossed by any municipalities participating in a joint project or by any joint agency. The lines of any municipality participating in a joint project or of any joint agency may be crossed by any public utility or electric power association. Provided, however, the amount of damages, if any, resulting to the line or right-of-way from the crossing thereof as provided herein shall be determined by the affected parties and shall be paid by the public utility, electric power association, municipality or municipalities participating in a joint project, or joint agency to the owner of the lines or rights-of-way crossed. When the parties affected cannot agree upon the damages to be paid for the crossing, either party may file with the circuit court of the county in which the crossing occurs a petition seeking a determination of the amount of the damages. Said action shall be tried by jury at the next regular term of said court in the same manner and under the same principles as provided for the determination of damages in eminent domain proceedings.
Sources: Laws, 1978, ch. 363, § 32, eff from and after passage (approved March 14, 1978).