TITLE 39
Public Utilities and Carriers

CHAPTER 39-1
Public Utilities Commission

SECTION 39-1-31


§ 39-1-31 Eminent domain.

(a) Before exercising any power of condemnation a company shall present a petition to the commission describing the land, right of way, easement, or other interest in property it proposes to acquire, and setting forth why it is necessary to acquire it by eminent domain. The commission shall set a time and place for hearing the petition and shall give such notice as the commission deems the circumstances require. If the commission shall determine that the proposed taking is for the benefit of the people of the state, and that it is necessary in order that the petitioner may render adequate service to the public, and that the use to which the property taken will be put will not unduly interfere with the orderly development of the region and scenic development, it shall issue a certificate authorizing the company to proceed with condemnation.

(b) Any company acquiring an interest in land through the provisions of subsection (a) of this section shall indemnify and hold harmless any and all owners, present and future, of land in which any right of way, easement or other interest is acquired from harm caused by operations of the acquiring company which cause injury of any kind to the person or property of another.

(c) No insurance company shall cause an insured to be placed into a risk pool by virtue of the fact that an easement has been granted under this section.

History of Section.
(P.L. 1969, ch. 240, § 1; P.L. 1991, ch. 195, § 1.)