§ 39-17-2 Purposes for which permitted– Duration – Protection of existing businesses – Landowner'srights. – Any grants, whether by ordinance or by contract, may confer upon anycorporation created by the general assembly for the purpose of distributingwater, or for the purpose of producing, selling, and distributing currents ofelectricity to be used for light, heat, or motive power, or for the purpose ofmanufacturing, selling, and distributing illuminating or heating gas, or forthe purpose of operating street railways by any motive power, or for thepurpose of operating telephones, the exclusive right, for a time not exceedingtwenty-five (25) years, to erect, lay, construct, and maintain for the purposesfor which the corporation is created, poles, wires, pipes, conduits, rails, orcables, with necessary and convenient appurtenances as may be required for theconduct of the business of the corporation, in, over, or under the streets ofthe town or city; provided, however, that no grant of exclusive rights orfranchises for any of the purposes described in this section shall be made byany 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, shallbe in actual use and enjoyment of the rights, except to the corporation orperson 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 timebe in actual use and enjoyment of portions of the streets and highways for anyof the purposes described in this section, no exclusive right or franchiseshall be granted to either without the consent of the other; and provided,further, that no grant shall prevent any town or city from permitting anyperson or corporation to use streets or highways for any of the purposesdescribed in this section in order to connect and serve any two (2) or moreestates owned by the person or corporation.
§ 39-17-2 Purposes for which permitted– Duration – Protection of existing businesses – Landowner'srights. – Any grants, whether by ordinance or by contract, may confer upon anycorporation created by the general assembly for the purpose of distributingwater, or for the purpose of producing, selling, and distributing currents ofelectricity to be used for light, heat, or motive power, or for the purpose ofmanufacturing, selling, and distributing illuminating or heating gas, or forthe purpose of operating street railways by any motive power, or for thepurpose of operating telephones, the exclusive right, for a time not exceedingtwenty-five (25) years, to erect, lay, construct, and maintain for the purposesfor which the corporation is created, poles, wires, pipes, conduits, rails, orcables, with necessary and convenient appurtenances as may be required for theconduct of the business of the corporation, in, over, or under the streets ofthe town or city; provided, however, that no grant of exclusive rights orfranchises for any of the purposes described in this section shall be made byany 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, shallbe in actual use and enjoyment of the rights, except to the corporation orperson 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 timebe in actual use and enjoyment of portions of the streets and highways for anyof the purposes described in this section, no exclusive right or franchiseshall be granted to either without the consent of the other; and provided,further, that no grant shall prevent any town or city from permitting anyperson or corporation to use streets or highways for any of the purposesdescribed in this section in order to connect and serve any two (2) or moreestates owned by the person or corporation.
§ 39-17-2 Purposes for which permitted– Duration – Protection of existing businesses – Landowner'srights. – Any grants, whether by ordinance or by contract, may confer upon anycorporation created by the general assembly for the purpose of distributingwater, or for the purpose of producing, selling, and distributing currents ofelectricity to be used for light, heat, or motive power, or for the purpose ofmanufacturing, selling, and distributing illuminating or heating gas, or forthe purpose of operating street railways by any motive power, or for thepurpose of operating telephones, the exclusive right, for a time not exceedingtwenty-five (25) years, to erect, lay, construct, and maintain for the purposesfor which the corporation is created, poles, wires, pipes, conduits, rails, orcables, with necessary and convenient appurtenances as may be required for theconduct of the business of the corporation, in, over, or under the streets ofthe town or city; provided, however, that no grant of exclusive rights orfranchises for any of the purposes described in this section shall be made byany 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, shallbe in actual use and enjoyment of the rights, except to the corporation orperson 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 timebe in actual use and enjoyment of portions of the streets and highways for anyof the purposes described in this section, no exclusive right or franchiseshall be granted to either without the consent of the other; and provided,further, that no grant shall prevent any town or city from permitting anyperson or corporation to use streets or highways for any of the purposesdescribed in this section in order to connect and serve any two (2) or moreestates owned by the person or corporation.
