§ 37-4-113 — Construction and Maintenance of Antennas and Towers; Right of Eminent Domain

Alabama § 37-4-113

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 4: Public Utilities Other Than Transportation Companies or Motor Vehicle Carriers
• Art. 4: Radio Utilities

Text

Any radio utility operating a radio system under authority of a certificate of public convenience and necessity issued by the Alabama Public Service Commission shall, where necessary and upon making due compensation, have the right to construct, maintain and operate antennas and towers, for the purpose of broadcasting and receiving radio signals, upon any private lands or property, and to that end, may have and exercise the right of eminent domain; provided, that the antenna equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary use of such land or property, or with the convenience of any land or property owners, more than may be avoidable; provided further, that where it is necessary for such radio utilities to exercise the right of eminent domain, they shall proceed to exercise the same in the same manner as provided by law for the exercise of such right of eminent domain by other regulated public utilities. This section shall not authorize a radio utility to exercise the right of eminent domain in regard to the lands or property of any other regulated public utility.

Legislative History

(Acts 1971, No. 1595, p. 2733, §14.)