Rhode Island General Laws 39-1-30.3. Installation of public utility services for abutting owners on private ways authorized
The owner, or owners, of real estate abutting on a private way who have by deed or by prescription existing rights of ingress and egress upon the way or other private ways, shall have the right to place, install, or construct in, on, along, under, and upon the private way or other private ways, poles and other appurtenances necessary for the transmission of electricity or telephone service, provided the facilities do not unreasonably obstruct the private way or other private ways, and do not interfere with or be inconsistent with the existing use by others of the way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans, and practices of the utility company that is to provide the electricity or telephone service. The agencies that provide the service shall comply with the rules and regulations of the public utilities commission. Any owner, or owners, may grant permission to a public utility company to enter upon the way or other private ways to place, install, repair, or relocate poles and other necessary appurtenances for the transmission of electricity or telephone service in accordance with the company or companies’ regulations, practices, and tariffs filed with the public utilities commission; provided, however, that no charge or added assessment shall be levied by the public utility company or companies against the owner or owners not connected to the service or services. Neither the person installing or repairing public utility facilities, nor the facilities, nor the electricity or telephone service transmitted shall be deemed to constitute a trespass upon the way or ways.
History of Section.
P.L. 1994, ch. 353, § 1.
Terms Used In Rhode Island General Laws 39-1-30.3
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- Company: means and includes a person, firm, partnership, corporation, quasi-municipal corporation, association, joint-stock association or company, and his, her, its, or their lessees, trustees, or receivers appointed by any court. See Rhode Island General Laws 39-1-2
- Deed: The legal instrument used to transfer title in real property from one person to another.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Public utility: means and includes every company that is an electric distribution company and every company operating or doing business in intrastate commerce and in this state as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph, and pipeline company, and every company owning, leasing, maintaining, managing, or controlling any plant or equipment, or any part of any plant or equipment, within this state for manufacturing, producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly or indirectly, to or for the public, or any cars or equipment employed on, or in connection with, any railroad or street railway for public or general use within this state, or any pipes, mains, poles, wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways, or streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or telegraphic communication service within this state, or any pond, lake, reservoir, stream, well, or distributing plant or system employed for the distribution of water to the consuming public within this state, including the water supply board of the city of Providence; provided, that, except as provided in § 39-16-9 and in P. See Rhode Island General Laws 39-1-2
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10