§ 39-17-2. Purposes for which permitted — Duration — Protection of existing businesses — Landowner's
rights.
Any grants, whether by ordinance or by contract, may confer upon any corporation created
by the general assembly for the purpose of distributing water, or for the purpose
of producing, selling, and distributing currents of electricity to be used for light,
heat, or motive power, or for the purpose of manufacturing, selling, and distributing
illuminating or heating gas, or for the purpose of operating street railways by any
motive power, or for the purpose of operating telephones, the exclusive right, for
a time not exceeding tw
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§ 39-17-2. Purposes for which permitted — Duration — Protection of existing businesses — Landowner's
rights.
Any grants, whether by ordinance or by contract, may confer upon any corporation created
by the general assembly for the purpose of distributing water, or for the purpose
of producing, selling, and distributing currents of electricity to be used for light,
heat, or motive power, or for the purpose of manufacturing, selling, and distributing
illuminating or heating gas, or for the purpose of operating street railways by any
motive power, or for the purpose of operating telephones, the exclusive right, for
a time not exceeding twenty-five (25) years, to erect, lay, construct, and maintain
for the purposes for which the corporation is created, poles, wires, pipes, conduits,
rails, or cables, with necessary and convenient appurtenances as may be required for
the conduct of the business of the corporation, in, over, or under the streets of
the town or city; provided, however, that no grant of exclusive rights or franchises
for any of the purposes described in this section shall be made by any city or town
where, at the time a corporation created for the same purpose, or a person duly authorized
by law to use the streets for such purpose, shall be in actual use and enjoyment of
the rights, except to the corporation or person already carrying on business in the
city or town; and provided, further, that whenever in any city or town more than one
corporation shall at the time be in actual use and enjoyment of portions of the streets
and highways for any of the purposes described in this section, no exclusive right
or franchise shall be granted to either without the consent of the other; and provided,
further, that no grant shall prevent any town or city from permitting any person or
corporation to use streets or highways for any of the purposes described in this section
in order to connect and serve any two (2) or more estates owned by the person or corporation.