§ 62-39. To regulate crossings of telephone, telegraph, electric power lines and pipelines and rights-of-way of railroads and other utilities by another utility.
§ 62‑39. Toregulate crossings of telephone, telegraph, electric power lines and pipelinesand rights‑of‑way of railroads and other utilities by anotherutility.
(a) The Commission, upon its own motion or upon petition of anypublic utility or upon petition of the North Carolina Rural ElectrificationAuthority on behalf of any electric membership corporation, shall have thepower and authority, after notice and hearing, to order that the lines andright‑of‑way of any public utility or electric membership corporationmay be crossed by any other public utility or electric membership corporation.The Commission, in all such cases, may require any such crossings to beconstructed and maintained in a safe manner and in accord with accepted andapproved standards of safety and may prescribe the manner in which suchconstruction shall be done.
(b) The Commission shall also have the power and authority todiscontinue and prohibit such crossings where they are unnecessary and canreasonably be avoided and to order changes in existing crossings when deemednecessary.
(c) In all cases in which the Commission orders such crossingsto be made or changed and when the parties affected cannot agree upon the costof the construction of such crossings or the damages to be paid to one of theparties for the privilege of crossing the lines of such party, it shall be theduty of the Commission to apportion the cost of such construction and to fixthe damage, if any, to be paid and to apportion the damages, if any, among theparties in such manner as may be just and equitable.
(d) This section shall not be construed to limit the right ofeminent domain conferred upon public utilities and electric membershipcorporations by the laws of this State or to limit the right and duty conferredby law with respect to crossing of railroads and highways or railroads crossingrailroads, but the duty imposed and the remedy given by this section shall bein addition to other duties and remedies now prescribed by law. Any party shallhave the right of appeal from any final order or decision or determination ofthe Commission as provided by law for appeals from orders or decisions or finaldeterminations of the Commission. (1913, c. 130, s. 1; C.S., s. 1052; 1933, c. 134, s. 8; 1941, c. 97;1949, c. 1029, s. 1; 1963, c. 1165, s. 1.)