40-283. Transmission lines; use of public
streets for utility right-of-way; notice; election
A. Any person engaged in transportation or transmission business within the state
may construct and operate lines connecting any points within the state and connect at the
state boundary with like lines, except that within the confines of municipal corporations
the use and occupancy of streets shall be under rights acquired by franchises according
to law or licenses pursuant to title 9, chapter 5, articles 1.1 and 4, and subject to
control and regulation by the municipal authorities. The use of highways, except state
highways, by public utilities not within any incorporated city or town shall be regulated
by the board of supervisors of the county by license or franchise.
B. A board of supervisors in granting a license or franchise, or at any time after
it is granted, may impose restrictions and limitations upon the use of the public roads
as it deems best for the public safety or welfare.
C. Every franchise granted under this article shall include provisions requiring
the grantee to bear all expenses, including damage and compensation for any alteration of
the direction, surface, grade or alignment of a county road, made for the purpose of such
franchise. If the surface of a county highway is used by any grantee for trackage, the
franchise shall include reasonable regulations for maintenance by the grantee of that
portion of the highway so used.
D. A board of supervisors may authorize public service corporations,
telecommunications corporations or cable television systems to construct a line, plant,
service or system within the right-of-way of any road, highway or easement that is
designated for access or public use by plat or survey of record of a subdivision, or of
unsubdivided land as defined in section 32-2101, provided that any such authorization or
construction pursuant to such authorization does not impose on the county the duty of
maintaining the road or highway unless the county accepts the road or highway into the
county maintenance system by appropriate resolution. Nothing contained in this
subsection shall be construed to grant county boards of supervisors additional authority
to require public service corporations, telecommunications corporations or cable
television systems to obtain licenses or franchises.
E. A board of supervisors, before granting any of the privileges authorized under
this section, shall give public notice of its intention to make such grant by publishing
notice in a newspaper of general circulation, published within the county, at least once
a week for three weeks prior to the day set for consideration of such action. If, on or
before such date, more than fifty per cent of the qualified electors of the county
petition the board of supervisors to deny such privilege, it shall do so, and any
privilege granted against such petition shall be void.
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