RAILROADS AND OTHER PUBLIC UTILITIES
TELEGRAPH, TELEPHONE AND ELECTRIC POWER CORPORATIONS
62-705. Rights of way for electric power companies and the United States of America or any agency thereof. Any person, company or corporation incorporated or that may hereinafter be incorporated under the laws of this state or of any state or territory of the United States, and doing business in this state, the United States of America or any agency thereof, for the purpose of supplying, transmitting, delivering or furnishing electric power or electric energy by wires, cables or any other method or means, shall have and is hereby given the right to erect, construct, maintain and operate all necessary lines upon, along and over any and all public roads, streets and highways, except within the limits of incorporated cities and towns and across the right of way of any railroad or railroad corporation, together with poles, piers, arms, cross-arms, wires, supports, structures and fixtures for the purposes aforesaid, or either of them, in such manner and at such places as not to incommode the public use of the road, highway, street or railroad, or to interrupt the navigation of water, together with the right to erect, construct, maintain and operate upon said electric power line a telephone line to be used only in connection with the said electric energy and power line; provided, that the party exercising the right of way herein and hereby granted shall first apply to the board of county commissioners for permission to construct in the manner provided by law, and to acquire a right of way and, unless such party be the United States of America or an agency thereof, shall give to the county into or through which the right of way herein and hereby granted is exercised, a bond, with surety to be approved by the board of county commissioners, in the sum of $5000, conditioned to hold the said county harmless from any and all liability on account of the erection, construction, maintenance or operation of the said electric line or lines: provided further, that nothing in this section shall be construed to mean the right to occupy public roads for any railroad or car line of any kind.
[(62-705) 1903, p. 343, sec. 1; reen. R.C. & C.L., sec. 2837; C.S., sec. 4836; I.C.A., sec. 60-705; am. 1945, ch. 37, sec. 1, p. 48.]