§ 61-1807 — DENIAL OF ACCESS TO RIGHTS-OF-WAY

If, after an electric corporation has requested access to privately-owned land or an easement or right-of-way on land owned by the state, a federal agency, or a tribal government, through certified mail addressed to the address best calculated to provide notice, telephone, or electronic means known to belong to the landowner, state, federal agency, or tribal government and reasonably considered likely to provide notice, access is denied or no response is received after thirty (30) days of the request, the electric corporation is authorized to access the property, easement, or right-of-way for the limited purposes of performing vegetation management, fire mitigation work in accordance with a commission-approved wildfire mitigation plan, or upgrading, inspecting, or repairing the electric corporation’s assets, infrastructure, or facilities. In taking such actions, the electric corporation shall not be held liable in any civil action for claims or damages, except to the extent the electric corporation’s conduct willfully or recklessly caused substantial damage to the property.

Legislative History

[61-1807, added 2025, ch. 249, sec. 1, p. 1105.]