Title 30, Title 30: Public Service

§ 105. Payment for stock with property; approved by Commission When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), …

§ 106. Ownership of stock in other corporations When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, the public service corporation may petition the …

§ 107. Acquisition of control of one utility company by another; supervision (a) No company shall directly or indirectly acquire a controlling interest in any company subject to the jurisdiction of the Public Utility Commission, or in any company that directly or indirectly has a…

§ 108. Issue of bonds or other securities (a) A domestic corporation subject to the jurisdiction of the Public Utility Commission shall not mortgage nor pledge any of its corporate property nor issue any stocks, bonds, notes, or other evidences of indebtedness without the consent…

§ 109. Sales and leases; hearings (a) Except in connection with replacement or exchange, a corporation or a foreign corporation subject to the jurisdiction of the Public Utility Commission shall not make a sale or lease or series of sales or leases in any one calendar year consti…

§ 110. Eminent domain; companies authorized When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in property…

§ 110a. Inclusion of communications facilities When a gas or electric utility subject to the jurisdiction of the Commission files a petition to condemn an easement or limited right in property, there shall be a rebuttable presumption that access to the utility’s facilities provid…

§ 111. Petition; notice of hearing (a) Such corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and stating why it is unable to acquire it without condemnation, and why its acquisition is …

§ 111a. Preexisting utility lines (a) When a corporation seeks to condemn property or an easement or other right over property where a currently existing utility line capable of operating at 100 kilovolts or less has not been abandoned and was in place on July 1, 1993, there is a…

§ 112. Findings; dams; assessment of damages; jury trial (a) When the Commission finds: (1) in the case of dams, that a certificate of public good authorizing the project as required, or a license from the Federal Power Commission has been granted; (2) that the condemnation of pr…

§ 113. Compensation; where party cannot be found When a person to whom compensation is due cannot be found, is under any legal disability, or is out of this State, the Commission may order the compensation to be deposited with the county clerk of the county where the hearing was …

§ 114. Copy of order; record When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, …

§ 115. Effect of payment of awards Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided…

§ 116. Scope of application Without limiting or enlarging the scope of sections 110-115 of this title, it is hereby specifically provided that they shall apply to the condemnation of rights to construct and maintain pipe lines, conduits, lines of poles, towers, or wires, and to r…

§ 117. Rights acquired and not used Where property, easements, or other rights are condemned under this chapter in order that the corporation may render adequate service to the public in the conduct of its business, and such property, easements, or rights are not so applied and u…

§ 118. Taking burial grounds; condemnation When it is necessary that a corporation formed under the provisions of this chapter or a foreign corporation engaged in public service should acquire or flood land used or set apart for a cemetery or burial ground, either public or priva…

§ 119. Notice to municipality Notice of such proceedings shall be given to the municipality in which the cemetery is located and such municipality shall be a party to the proceedings for all purposes.

§ 120. Removal of remains The remains of the dead in such cemetery shall be removed by the selectboard or board of cemetery commissioners and interred in some suitable cemetery after final judgment and before the exercise of any rights in such cemetery.

§ 121. Notice to kindred Before the removal of such remains, the selectboard or board of cemetery commissioners, if there are known relatives of the deceased residing in the State, shall give such relatives 30 days’ notice in writing of the intention so to do. If known relatives …

§ 122. Headstones or monuments erected The selectboard or board of cemetery commissioners shall cause existing headstones or monuments to be removed and reerected to the memory of the deceased. Permanent markers shall be provided to designate the place or reinterment of those not…

§ 123. Expense The entire expense of whatever land may be necessary for the reinterment of remains and the cost of removal and reerection of headstones or monuments shall be paid by the corporation acquiring the burial ground and the easement. (Amended 2023, No. 85 (Adj. Sess.), …

§ 124. Appeal The judgment and findings of the Commission shall be final, except that a party who feels himself or herself aggrieved thereby may appeal to the Supreme Court pursuant to the provisions of section 12 of this title. Such appeal shall suspend execution of the judgment…

§ 125. Powers; annual report A public service corporation shall have the privilege and be subject to the provisions of the general corporation law, and also to the provisions of chapter 5 of this title, except as such provisions are inconsistent with the provisions of this chapte…

§ 126. Saving clause; corporations formed before April 2, 1915 All corporations formed prior to April 2, 1915, by special act or under the general laws of this State, that are conducting any business subject to regulation by the Public Utility Commission shall, with respect to ac…

§ 127. Utility poles in easements across private property (a) Utility easements and State rules regarding utility rights of way and pole attachments shall include, as an authorized utility use, the installation of fiber-optic cable for purposes of providing broadband service to t…