§ 39-1-31. Eminent domain. (a) Before exercising any power of condemnation a company shall present a petition to the commission describing the land, right of way, easement, or other interest in property it proposes to acquire, and setting forth why it is necessary to acquire it by eminent domain. The commission shall set a time and place for hearing the petition and shall give such notice as the commission deems the circumstances require. If the commission shall determine that the proposed taking is for the benefit of the people of the state, and that it is necessary in order that the petitioner may render adequate service to the public, and that the use to which the property taken will be put will not unduly interfere with the orderly development of the region and scenic development, it shall issue a certificate authorizing the company to proceed with condemnation.
(b) Any company acquiring an interest in land through the provisions of subsection (a) of this section shall indemnify and hold harmless any and all owners, present and future, of land in which any right of way, easement or other interest is acquired from harm caused by operations of the acquiring company which cause injury of any kind to the person or property of another.
(c) No insurance company shall cause an insured to be placed into a risk pool by virtue of the fact that an easement has been granted under this section.
History of Section. (P.L. 1969, ch. 240, § 1; P.L. 1991, ch. 195, § 1.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
