§ 49-02-05 — Use by one utility of the facilities of another utility

Whenever upon hearing, after due notice, the commission has found that public
convenience and necessity require the use by one public utility of the conduits, subways, tracks,
wires, poles, pipes, or other equipment, or any part thereof, on, over, or under any street or
highway and belonging to another public utility and that such use will not result in irreparable
injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes, or
other equipment, nor any substantial detriment to the service, and that such public utilities have
failed to agree upon such use or the terms and conditions or compensation for the same, the

commission, by order, may direct that such use be permitted, and may prescribe reasonable
compensation and reasonable terms and conditions for such joint use. If such use is directed,
the public utility to which the use is permitted shall be liable to the owner or other users of such
conduits, tracks, wires, poles, pipes, or other equipment for such damage as may result
therefrom to the property of such owner or other users thereof.