69-4-603. Procedure to accomplish move -- payment of cost. (1) In order to accomplish moving a house, building, derrick, or other structure through an area in which wires, cables, or poles impede the movement, the person, firm, or corporation who owns or controls the wires, cables, or poles and who has received the notice required by 69-4-602 shall furnish competent workers to raise or cut the wires or cables or move the poles as necessary to facilitate moving the house, building, derrick, or other structure.

(2) (a) Except as provided in subsection (2)(b), the necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a house, building, derrick, other structure, or prefabricated structure that is intended to be moved from the place of fabrication, storage facility, or dealer's lot, determined in accordance with the schedule filed under 69-4-602, must be paid by the mover.

(b) The necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a structure, determined in accordance with the schedule filed under 69-4-602, must be shared equally by the mover and the owner of the wires, cables, or poles if the structure is owned by a person for occupancy or use by that person.

(3) A mover may not raise, cut, or in any way interfere with wires, cables, or poles unless the person, firm, or corporation who owns or controls the wires, cables, or poles refuses, after having been notified as required by 69-4-602, to raise or cut the wires or cables or move the poles.

(4) The mover shall make a prepayment of a portion of the total cost estimated under 69-4-602 in advance of the move as follows:

(a) if the structure is moved through or out of the service territory of the owner of the wires, cables, or poles, 100% of the mover's share pursuant to subsection (2); or

(b) if the structure is delivered to a place within the service territory of the owner of the wires, cables, or poles, 50% of the mover's share pursuant to subsection (2).

(5) The owner of the wires, cables, or poles may waive the prepayment requirement or accept a bond or other financial instrument in lieu of payment.

(6) The mover shall pay the mover's share of all actual costs under subsection (2) in excess of any prepayment made under subsection (4) within 30 days of the move.

(7) If the prepayment made under subsection (4) exceeds the mover's share of actual costs under subsection (2), the owner of the wires, cables, or poles shall refund the difference to the mover within 30 days of the move.

History: En. Sec. 3, Ch. 55, L. 1929; re-en. Sec. 2711.3, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1951; R.C.M. 1947, 24-138; amd. Sec. 2, Ch. 442, L. 1983; amd. Sec. 1, Ch. 551, L. 1995; amd. Sec. 2, Ch. 359, L. 2003.