Rhode Island General Laws 39-17-2. Purposes for which permitted – Duration – Protection of existing businesses – Landowner’s rights
Any grants, whether by ordinance or by contract, may confer upon any corporation created by the general assembly for the purpose of distributing water, or for the purpose of producing, selling, and distributing currents of electricity to be used for light, heat, or motive power, or for the purpose of manufacturing, selling, and distributing illuminating or heating gas, or for the purpose of operating street railways by any motive power, or for the purpose of operating telephones, the exclusive right, for a time not exceeding twenty-five (25) years, to erect, lay, construct, and maintain for the purposes for which the corporation is created, poles, wires, pipes, conduits, rails, or cables, with necessary and convenient appurtenances as may be required for the conduct of the business of the corporation, in, over, or under the streets of the town or city; provided, however, that no grant of exclusive rights or franchises for any of the purposes described in this section shall be made by any 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, shall be in actual use and enjoyment of the rights, except to the corporation or person 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 time be in actual use and enjoyment of portions of the streets and highways for any of the purposes described in this section, no exclusive right or franchise shall be granted to either without the consent of the other; and provided, further, that no grant shall prevent any town or city from permitting any person or corporation to use streets or highways for any of the purposes described in this section in order to connect and serve any two (2) or more estates owned by the person or corporation.
History of Section.
G.L. 1896, ch. 77, § 2; G.L. 1909, ch. 91, § 2; G.L. 1923, ch. 103, § 2; G.L. 1938, ch. 126, § 2; G.L. 1956, § 39-17-2; P.L. 1997, ch. 326, § 119; P.L. 2006, ch. 216, § 15.
Terms Used In Rhode Island General Laws 39-17-2
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9