227.558. Damages for failure to respond or correct project plans or failure to relocate--exceptions--removal and relocation at expense of owner.
Damages for failure to respond or correct project plans orfailure to relocate--exceptions--removal and relocation atexpense of owner.
227.558. 1. If the owner of a utility facility fails to provide theresponses or corrections to project plans required by sections 227.553 to227.556, the commission may recover from the owner damages in the amount ofup to one hundred dollars per day for each day the required act is notcompleted.
2. If the owner fails to provide a relocation plan or fails to timelyrelocate utility facilities in accordance with the relocation plan asrequired by section 227.555, the commission may recover from the ownerdamages in the amount of up to one thousand dollars per day for each daythe required act is not completed.
3. The damages authorized by subsections 1 and 2 of this section maybe recovered through actions brought by the chief counsel to thecommission, or may be referred to the attorney general for appropriateaction. An action to collect the damages authorized by this section shallbe brought in a court of appropriate jurisdiction. All damages collectedunder this section shall be deposited in the state road fund.
4. No damages or fines of any kind shall be assessed for delays thatresult, in whole or in part, directly or indirectly, from any of thefollowing:
(1) Customer delays;
(2) Labor strikes or shortages;
(3) Terrorist attacks, riots, civil unrest, or criminal sabotage;
(4) Acts of God, or extreme weather events;
(5) Delays caused by staffing shortages in the geographic area nearthe commission's construction project due to the owner's need to reassignan unusual number of workers to any other area to respond to an act of Godor extreme weather event;
(6) The failure of another owner to sufficiently complete itsrequired relocation of utility facilities that interfere with an owner'srelocation plan;
(7) The failure of another owner or delay by another owner insubmitting relocation plans that interfere with an owner's relocation plan;
(8) Delays by the commission in acquiring necessary right-of-way ornecessary easements;
(9) Delays caused by facility damages or cable cuts caused by thecommission's contractor, other owners, or third parties;
(10) Unusual material shortages; and
(11) Any other event or action beyond the reasonable control of theowner.
The occurrence of any of the unusual events listed in this section shallconstitute an affirmative defense to the assessment of damages under theprovisions of this section.
5. The removal and relocation of utility facilities shall be made atthe expense of the owners unless otherwise provided by the commission. Ifthe owner fails to relocate the utility facilities in accordance with therelocation plan as required by section 227.555, the utility facilities maybe removed and relocated by the state highways and transportationcommission, or under its direction, and the cost of relocating the utilityfacilities shall be collected from such owner. If the state highways andtransportation commission or its designee removes and relocates the utilityfacilities, the utility owner shall not be liable to any party for anydamages caused by the commission's or the commission's designee's removaland relocation of such facilities.
(L. 2005 H.B. 209 § 227.248)Effective 1-01-06