10-2136. Use of roads and streets; notice;
protest
A. A generation and transmission cooperative has the use of, and the right is
expressly granted to it to use, the public highways, county highways and streets and
alleys in any area of this state. The generation and transmission cooperative may
construct and operate lines connecting any points within this state and connect at the
state boundary with like lines.
B. Within the confines of municipal corporations, the use and occupancy of streets
shall be under such rights as are acquired by franchises according to law and subject to
control and regulation by municipal authorities, and the use of public highways, except
state highways, by generation and transmission cooperatives not within the confines of an
incorporated city or town shall be regulated by the board of supervisors of the county by
license or franchise. The board of supervisors in granting the license or franchise, or
at any time after it is granted, may impose such restrictions and limitations concerning
the use of the public roads as deemed best for the public safety or welfare. Every
franchise granted under this section must include provisions requiring the grantee to
bear all expenses, including damage and compensation for any alteration of the direction,
surface, grade or alignment of any county road, made for the purpose of the franchise.
C. The board of supervisors before granting the privilege contemplated by this
section shall give public notice of its intention to make the grant by publishing notice
in some newspaper of general circulation, published within the county, for at least once
a week for three weeks prior to the day set for the consideration of the action. If, on
or before the date, more than fifty per cent of the qualified electors of the county
petition the board of supervisors to deny the privilege, they shall so act, and any
privilege granted contrary to the petition is void.
|