10-2-421 - Electric utility service in annexed area -- Reimbursement for value of facilities.
10-2-421. Electric utility service in annexed area -- Reimbursement for value offacilities.
(1) If the electric consumers of the area being annexed are receiving electric utilityservices from sources other than the annexing municipality, the municipality may not, without theconsent of the electric utility, furnish its electric utility services to the electric consumers until themunicipality has reimbursed the electric utility company that previously provided the services forthe value of those facilities dedicated to provide service to the annexed area.
(2) If the annexing municipality and the electric utility cannot agree on the value, the statecourt having jurisdiction shall determine the fair market value of those facilities, and themunicipality shall reimburse the fair market value, as determined by the court, to the electricutility company.
Amended by Chapter 206, 2001 General Session