RIGHTS OF WAY FOR ELECTRIC POWER COMPANIES AND THE UNITED STATES
OF AMERICA OR ANY AGENCY THEREOF. Any person, company or corporation
incorporated or that may hereinafter be incorporated under the laws of this
state or of any state or territory of the United States, and doing business in
this state, the United States of America or any agency thereof, for the
purpose of supplying, transmitting, delivering or furnishing electric power or
electric energy by wires, cables or any other method or means, shall have and
is hereby given the right to erect, construct, maintain and operate all
necessary lines upon, along and over any and all public roads, streets and
highways, except within the limits of incorporated cities and towns and across
the right of way of any railroad or railroad corporation, together with poles,
piers, arms, cross-arms, wires, supports, structures and fixtures for the
purposes aforesaid, or either of them, in such manner and at such places as
not to incommode the public use of the road, highway, street or railroad, or
to interrupt the navigation of water, together with the right to erect,
construct, maintain and operate upon said electric power line a telephone line
to be used only in connection with the said electric energy and power line;
provided, that the party exercising the right of way herein and hereby granted
shall first apply to the board of county commissioners for permission to
construct in the manner provided by law, and to acquire a right of way and,
unless such party be the United States of America or an agency thereof, shall
give to the county into or through which the right of way herein and hereby
granted is exercised, a bond, with surety to be approved by the board of
county commissioners, in the sum of [five thousand dollars (]$5[,]000[)],
conditioned to hold the said county harmless from any and all liability on
account of the erection, construction, maintenance or operation of the said
electric line or lines: provided further, that nothing in this section shall
be construed to mean the right to occupy public roads for any railroad or car
line of any kind. |
