56-49.01 - Natural gas companies; right of entry upon property.
§ 56-49.01. Natural gas companies; right of entry upon property.
A. Any firm, corporation, company, or partnership, organized for the bonafide purpose of operating as a natural gas company as defined in 15 U.S.C. §717a, as amended, may make such examinations, tests, hand auger borings,appraisals, and surveys for its proposed line or location of its works as arenecessary (i) to satisfy any regulatory requirements and (ii) for theselection of the most advantageous location or route, the improvement orstraightening of its line or works, changes of location or construction, orproviding additional facilities, and for such purposes, by its dulyauthorized officers, agents, or employees, may enter upon any propertywithout the written permission of its owner if (a) the natural gas companyhas requested the owner's permission to inspect the property as provided insubsection B, (b) the owner's written permission is not received prior to thedate entry is proposed, and (c) the natural gas company has given the ownernotice of intent to enter as provided in subsection C. A natural gas companymay use motor vehicles, self-propelled machinery, and power equipment onproperty only after receiving the permission of the landowner or his agent.
B. A request for permission to inspect shall (i) be sent to the owner bycertified mail, (ii) set forth the date such inspection is proposed to bemade, and (iii) be made not less than 15 days prior to the date of theproposed inspection.
C. Notice of intent to enter shall (i) be sent to the owner by certifiedmail, (ii) set forth the date of the intended entry, and (iii) be made notless than 15 days prior to the date of mailing of the notice of intent toenter.
D. Any entry authorized by this section shall not be deemed a trespass. Thenatural gas company shall make reimbursement for any actual damages resultingfrom such entry. Nothing in this section shall impair or limit any right of anatural gas company obtained by (i) the power of eminent domain, (ii) anyeasement granted by the landowner or his predecessor in title, or (iii) anyright-of-way agreement, lease or other agreement by and between a natural gascompany and a landowner or their predecessors in title or interest.
(2004, c. 829.)