Effective 28 Aug 1974

392.080. May construct lines on public roads — consent of city required — constructive easement acquired, when. — Companies organized under the provisions of sections 392.010 to 392.170, for the purpose of constructing and maintaining telephone or magnetic telegraph lines are authorized to set their poles, piers, abutments, wires, and other fixtures along, across or under any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets and waters; provided, any telegraph or telephone company desiring to place their wires, poles, and other fixtures in any city, they shall first obtain consent from said city through the municipal authorities thereof; and provided, further, that the acceptance, use, or continued use of this right shall create a real property public easement in the public roads, streets and waters in favor of the accepting telephone or magnetic telegraph company so long as it is used for public utility purposes, subject only to public use and the rights of the cities as set out above and such easement shall not terminate or be extinguished by any vacation, abandonment or subsequent sale by the state or any agency or commission thereof; however, nothing contained herein shall alter the authority of the state highways and transportation commission to require the alteration or removal of such facilities pursuant to section 227.240, nor entitle the owner of the facilities to reimbursement for the cost of altering or removing such facilities pursuant to an order of state highways and transportation commission under section 227.240.

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(RSMo 1939 § 5326, A.L. 1974 S.B. 344)

Prior revisions: 1929 § 4921; 1919 § 10132; 1909 § 3326

CROSS REFERENCES:

Erection of telephone or telegraph wires in streets or roads, cities of the third class, 77.520

Erection of telephone or telegraph wires in streets or roads, cities of the fourth class, 88.773

Erection of telephone or telegraph wires in streets or roads, consent of county commission, 229.100

Erection of telephone or telegraph wires in streets or roads, state highways and transportation commission consent, 227.240

(1981) Statutory amendment giving telephone utility, but not other utilities, a vested property interest in public land under which its cables and conduits had been placed had a retroactive effect in violation of the ex post facto provision of the Missouri Constitution and the constitutional ban on local or special laws. Planned Industrial Expansion Authority of the City of St. Louis v. Southwestern Bell Telephone Co. (Mo.), 612 S.W.2d 772.