Montana Code 69-4-353. Conversion of facilities on public property — notice to landowners
69-4-353. Conversion of facilities on public property — notice to landowners. (1) Upon completion of the conversion of the overhead electric or communication facilities on public lands and right-of-way to underground, the public utility shall file a verified statement of the costs of the conversion with the governing body.
Terms Used In Montana Code 69-4-353
- Contract: A legal written agreement that becomes binding when signed.
- conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Montana Code 69-4-303
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. See Montana Code 69-4-303
- Governing body: means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town. See Montana Code 69-4-303
- Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Montana Code 69-4-303
- Property: means real and personal property. See Montana Code 1-1-205
- Public utility: means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities. See Montana Code 69-4-303
(2)The governing body shall mail to each landowner and purchaser of property under contract for deed a notice stating that:
(a)service from the underground facilities is available;
(b)the landowner has 60 days after the date of the mailing of the notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the landowner’s lot or parcel to underground service facilities; and
(c)after the 60-day period following the date of the mailing of the notice, the governing body will order the public utility to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area.