56-570 - Utility crossings.
§ 56-570. Utility crossings.
The private entity and each public service company, public utility, railroad,and cable television provider, whose facilities are to be crossed or affectedshall cooperate fully with the other in planning and arranging the manner ofthe crossing or relocation of the facilities. Any such entity possessing thepower of condemnation is hereby expressly granted such powers in connectionwith the moving or relocation of facilities to be crossed by the qualifyingtransportation facility or that must be relocated to the extent that suchmoving or relocation is made necessary or desirable by construction of orimprovements to the qualifying transportation facility, which shall beconstrued to include construction of or improvements to temporary facilitiesfor the purpose of providing service during the period of construction orimprovement. Should the private entity and any such public service company,public utility, railroad, and cable television provider not be able to agreeupon a plan for the crossing or relocation, the Commission may determine themanner in which the crossing or relocation is to be accomplished and anydamages due arising out of the crossing or relocation. The Commission mayemploy expert engineers who shall examine the location and plans for suchcrossing or relocation, hear any objections and consider modifications, andmake a recommendation to the Commission. In such a case, the cost of theexperts is to be borne by the private entity. Any amount to be paid for suchcrossing, construction, moving or relocating of facilities shall be paid forby the private entity or any other person contractually responsible thereforunder the interim or comprehensive agreement or under any other contract,license or permit. The Commission shall make a determination within 90 daysof notification by the private entity that the qualifying transportationfacility will cross utilities subject to the Commission's jurisdiction.
(1994, c. 855; 1995, c. 647; 2005, cc. 504, 562.)