Public Utilities and Carriers

Public Utilities Commission

SECTION 39-1-30.3

§ 39-1-30.3. Installation of public utility services for abutting owners on private ways authorized.

The owner or owners of real estate abutting on a private way who have by deed or by prescription existing rights of ingress and egress upon such way or other private ways, shall have the right to place, install or construct in, on, along, under and upon the private way or other private ways, poles and other appurtenances necessary for the transmission of electricity, or telephone service provided such facilities do not unreasonably obstruct the private way or other private ways, and do not interfere with or be inconsistent with the existing use by others of such way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans and practices of the utility company which is to provide the electricity or telephone service. The agencies which provide such service shall comply with the rules and regulations of the public utilities commission. Any such owner or owners may grant permission to a public utility company to enter upon the way or other private ways to place, install, repair, or relocate poles and other necessary appurtenances for the transmission of electricity or telephone service in accordance with such company or companies regulations, practices and tariffs filed with the public utilities commission; provided, however, that no charge or added assessment shall be levied by the public utility company or companies against the owner or owners not connected to such service or services. Neither the person installing or repairing public utility facilities, nor such facilities, nor the electricity or telephone service transmitted shall be deemed to constitute a trespass upon the way or ways.

History of Section.
(P.L. 1994, ch. 353, § 1.)