Whenever any telegraph or telephone company desires to construct its lines on, over, or under the lands of any person, including a railroad or railway, and fails to agree with the owner of the lands upon the compensation to be paid as damages for the right and use, the company may secure the right and privilege by condemnation actions against the condemnees; provided, however, in condemning railroad or railway property, the telegraph or telephone company agrees to remove at its own expense, any of its poles, wires, structures, or appurtenances if at any time their existence interferes with the right of the defendant railroad or railway company to construct additional tracks, switches, crossings, warehouses, depots, turntables, water tanks, or any other structures for the use of such railroad or railway company upon reasonable notice given it, at its expense, to such other points or places upon such right-of-way as may be agreed by such companies and agreeing not to interfere or come in contact with any other telegraph or telephone lines already constructed on such right-of-way.
HISTORY: 1962 Code Section 58-302; 1952 Code Section 58-302; 1942 Code Section 8532; 1932 Code Section 8532; Civ. C. '22 Section 5016; Civ. C. '12 Section 3318; Civ. C. '02 Section 2212; 1899 (23) 61; 1987 Act No. 173 Section 45, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
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