56-547 - Utility crossings.
§ 56-547. Utility crossings.
The applicant shall include in the application a list of public utilityfacilities and rights-of-way to be crossed or otherwise affected in theconstruction of the roadway and a plan and schedule for such crossings. Theoperator and each public utility whose works are to be crossed or affectedshall each have the duty to cooperate fully with the other in planning andarranging of the manner of the crossing or relocation of the facilities. Anypublic service corporation possessing the powers of eminent domain is herebyexpressly granted such powers in connection with the moving or relocation offacilities to be crossed by the roadway or which must be relocated to theextent that such moving or relocation is made necessary by construction ofthe roadway, which shall be construed to include construction of temporaryfacilities for the purpose of providing service during the period ofconstruction. Should the applicant or operator and the public utility whosefacilities are to be crossed or relocated not be able to agree upon a planfor such crossing or any necessary relocation, either party may request theCommission to inquire into the need for the crossing or relocation and todecide whether such crossing or relocation should be compelled, and if so,the manner in which such crossing or relocation is to be accomplished and anydamages due either party arising out of the crossing or relocation. TheCommission may in its discretion employ expert engineers who shall examinethe location and plans for such crossing or relocation, hear any objectionsand consider modifications, and make a recommendation to the Commission. Insuch a case, the cost of the experts is to be borne equally by the applicantand the public utility, unless the Commission determines that it would beunjust, in which case the cost shall be borne as the Commission decides.Railroads shall be included within the scope of the term "public utility"for purposes of this section.
(1988, c. 649.)