State Codes and Statutes

Statutes > Missouri > T25 > C392 > 392_080

May construct lines on public roads--consent of cityrequired--constructive easement acquired, when.

392.080. Companies organized under the provisions ofsections 392.010 to 392.170, for the purpose of constructing andmaintaining telephone or magnetic telegraph lines are authorizedto set their poles, piers, abutments, wires, and other fixturesalong, across or under any of the public roads, streets andwaters of this state, in such manner as not to incommode thepublic in the use of such roads, streets and waters; provided,any telegraph or telephone company desiring to place their wires,poles, and other fixtures in any city, they shall first obtainconsent from said city through the municipal authorities thereof;and provided, further, that the acceptance, use, or continued useof this right shall create a real property public easement in thepublic roads, streets and waters in favor of the acceptingtelephone or magnetic telegraph company so long as it is used forpublic utility purposes, subject only to public use and therights of the cities as set out above and such easement shall notterminate or be extinguished by any vacation, abandonment orsubsequent sale by the state or any agency or commission thereof;however, nothing contained herein shall alter the authority ofthe state highways and transportation commission to require thealteration or removal of such facilities pursuant to section227.240, RSMo, nor entitle the owner of the facilities toreimbursement for the cost of altering or removing suchfacilities pursuant to an order of state highways andtransportation commission under section 227.240, RSMo.

(RSMo 1939 § 5326, A.L. 1974 S.B. 344)

Prior revisions: 1929 § 4921; 1919 § 10132; 1909 § 3326

CROSS REFERENCES:

Erection of telephone or telegraph wires in streets or roads, cities of the third class, RSMo 77.520

Erection of telephone or telegraph wires in streets or roads, cities of the fourth class, RSMo 88.773

Erection of telephone or telegraph wires in streets or roads, consent of county commission, RSMo 229.100

Erection of telephone or telegraph wires in streets or roads, state highways and transportation commission consent, RSMo 227.240

(1981) Statutory amendment giving telephone utility, but not other utilities, a vested property interest in public land under which its cables and conduits had been placed had a retroactive effect in violation of the ex post facto provision of the Missouri Constitution and the constitutional ban on local or special laws. Planned Industrial Expansion Authority of the City of St. Louis v. Southwestern Bell Telephone Co. (Mo.), 612 S.W.2d 772.

State Codes and Statutes

Statutes > Missouri > T25 > C392 > 392_080

May construct lines on public roads--consent of cityrequired--constructive easement acquired, when.

392.080. Companies organized under the provisions ofsections 392.010 to 392.170, for the purpose of constructing andmaintaining telephone or magnetic telegraph lines are authorizedto set their poles, piers, abutments, wires, and other fixturesalong, across or under any of the public roads, streets andwaters of this state, in such manner as not to incommode thepublic in the use of such roads, streets and waters; provided,any telegraph or telephone company desiring to place their wires,poles, and other fixtures in any city, they shall first obtainconsent from said city through the municipal authorities thereof;and provided, further, that the acceptance, use, or continued useof this right shall create a real property public easement in thepublic roads, streets and waters in favor of the acceptingtelephone or magnetic telegraph company so long as it is used forpublic utility purposes, subject only to public use and therights of the cities as set out above and such easement shall notterminate or be extinguished by any vacation, abandonment orsubsequent sale by the state or any agency or commission thereof;however, nothing contained herein shall alter the authority ofthe state highways and transportation commission to require thealteration or removal of such facilities pursuant to section227.240, RSMo, nor entitle the owner of the facilities toreimbursement for the cost of altering or removing suchfacilities pursuant to an order of state highways andtransportation commission under section 227.240, RSMo.

(RSMo 1939 § 5326, A.L. 1974 S.B. 344)

Prior revisions: 1929 § 4921; 1919 § 10132; 1909 § 3326

CROSS REFERENCES:

Erection of telephone or telegraph wires in streets or roads, cities of the third class, RSMo 77.520

Erection of telephone or telegraph wires in streets or roads, cities of the fourth class, RSMo 88.773

Erection of telephone or telegraph wires in streets or roads, consent of county commission, RSMo 229.100

Erection of telephone or telegraph wires in streets or roads, state highways and transportation commission consent, RSMo 227.240

(1981) Statutory amendment giving telephone utility, but not other utilities, a vested property interest in public land under which its cables and conduits had been placed had a retroactive effect in violation of the ex post facto provision of the Missouri Constitution and the constitutional ban on local or special laws. Planned Industrial Expansion Authority of the City of St. Louis v. Southwestern Bell Telephone Co. (Mo.), 612 S.W.2d 772.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T25 > C392 > 392_080

May construct lines on public roads--consent of cityrequired--constructive easement acquired, when.

392.080. Companies organized under the provisions ofsections 392.010 to 392.170, for the purpose of constructing andmaintaining telephone or magnetic telegraph lines are authorizedto set their poles, piers, abutments, wires, and other fixturesalong, across or under any of the public roads, streets andwaters of this state, in such manner as not to incommode thepublic in the use of such roads, streets and waters; provided,any telegraph or telephone company desiring to place their wires,poles, and other fixtures in any city, they shall first obtainconsent from said city through the municipal authorities thereof;and provided, further, that the acceptance, use, or continued useof this right shall create a real property public easement in thepublic roads, streets and waters in favor of the acceptingtelephone or magnetic telegraph company so long as it is used forpublic utility purposes, subject only to public use and therights of the cities as set out above and such easement shall notterminate or be extinguished by any vacation, abandonment orsubsequent sale by the state or any agency or commission thereof;however, nothing contained herein shall alter the authority ofthe state highways and transportation commission to require thealteration or removal of such facilities pursuant to section227.240, RSMo, nor entitle the owner of the facilities toreimbursement for the cost of altering or removing suchfacilities pursuant to an order of state highways andtransportation commission under section 227.240, RSMo.

(RSMo 1939 § 5326, A.L. 1974 S.B. 344)

Prior revisions: 1929 § 4921; 1919 § 10132; 1909 § 3326

CROSS REFERENCES:

Erection of telephone or telegraph wires in streets or roads, cities of the third class, RSMo 77.520

Erection of telephone or telegraph wires in streets or roads, cities of the fourth class, RSMo 88.773

Erection of telephone or telegraph wires in streets or roads, consent of county commission, RSMo 229.100

Erection of telephone or telegraph wires in streets or roads, state highways and transportation commission consent, RSMo 227.240

(1981) Statutory amendment giving telephone utility, but not other utilities, a vested property interest in public land under which its cables and conduits had been placed had a retroactive effect in violation of the ex post facto provision of the Missouri Constitution and the constitutional ban on local or special laws. Planned Industrial Expansion Authority of the City of St. Louis v. Southwestern Bell Telephone Co. (Mo.), 612 S.W.2d 772.