§ 65-34-104 — Non-consumer owned electric systems - Removal of equipment, facilities

(a) Any non-consumer owned electric system owning any lines, poles, facilities, or other equipment used or useful for the distribution or sale of electricity located outside the non-consumer owned electric system's current geographic territory on any property or right-of-way owned by the state or by any county or municipality or other subdivision of the state must remove such equipment or facilities at the non-consumer owned electric system's expense within six (6) months of May 2, 1989. (b) If the non-consumer owned electric system owning or otherwise exercising control over such equipment or facilities neglects to remove the equipment or facilities within six (6) months of May 2, 1989, the governmental entity owning the property or right-of-way on which such equipment or facilities are located may, after notice to the non-consumer owned electric system and opportunity for hearing, remove and dispose of such equipment or facilities in whatever manner it deems appropriate, if it determines that such equipment or facilities are located outside the non-consumer owned electric system's current geographic territory. The manner of disposal may include, without limitation, selling such equipment or facilities for other utility use or for scrap and applying the proceeds of such disposal to offset the costs the governmental entity incurred in removing such equipment or facilities. The requirement for removal shall not apply to equipment or facilities otherwise lawfully located on public rights-of-way used solely for the transmission of electricity for parcels of land within the non-consumer owned electric system's current geographic territory.

Legislative History

Acts 1989, ch. 230, § 4.