§ 39-1-30.3 - Installation of public utility services for abutting owners on private ways authorized.
SECTION 39-1-30.3
§ 39-1-30.3 Installation of public utilityservices for abutting owners on private ways authorized. – The owner or owners of real estate abutting on a private way who have by deedor by prescription existing rights of ingress and egress upon such way or otherprivate ways, shall have the right to place, install or construct in, on,along, under and upon the private way or other private ways, poles and otherappurtenances necessary for the transmission of electricity, or telephoneservice provided such facilities do not unreasonably obstruct the private wayor other private ways, and do not interfere with or be inconsistent with theexisting use by others of such way or other private ways; and, providedfurther, that such placement, installation, or construction is done inaccordance with regulations, plans and practices of the utility company whichis to provide the electricity or telephone service. The agencies which providesuch service shall comply with the rules and regulations of the publicutilities commission. Any such owner or owners may grant permission to a publicutility company to enter upon the way or other private ways to place, install,repair, or relocate poles and other necessary appurtenances for thetransmission of electricity or telephone service in accordance with suchcompany or companies regulations, practices and tariffs filed with the publicutilities commission; provided, however, that no charge or added assessmentshall be levied by the public utility company or companies against the owner orowners not connected to such service or services. Neither the person installingor repairing public utility facilities, nor such facilities, nor theelectricity or telephone service transmitted shall be deemed to constitute atrespass upon the way or ways.