§ 39-1-31 - Eminent domain.
SECTION 39-1-31
§ 39-1-31 Eminent domain. – (a) Before exercising any power of condemnation a company shall present apetition to the commission describing the land, right of way, easement, orother interest in property it proposes to acquire, and setting forth why it isnecessary to acquire it by eminent domain. The commission shall set a time andplace for hearing the petition and shall give such notice as the commissiondeems the circumstances require. If the commission shall determine that theproposed taking is for the benefit of the people of the state, and that it isnecessary in order that the petitioner may render adequate service to thepublic, and that the use to which the property taken will be put will notunduly interfere with the orderly development of the region and scenicdevelopment, it shall issue a certificate authorizing the company to proceedwith condemnation.
(b) Any company acquiring an interest in land through theprovisions of subsection (a) of this section shall indemnify and hold harmlessany and all owners, present and future, of land in which any right of way,easement or other interest is acquired from harm caused by operations of theacquiring company which cause injury of any kind to the person or property ofanother.
(c) No insurance company shall cause an insured to be placedinto a risk pool by virtue of the fact that an easement has been granted underthis section.