The Vermont Statutes Online

Title 30: Public Service

Chapter 003: Public Service Corporations, Other than Railroads; Formation, Financing, Eminent Domain

• § 101. Corporations subject to Commission; formation

  (a) Subject to the additional or varied requirements of this chapter, a corporation may be formed pursuant to the provisions of the general corporation law for the sole purpose of conducting any one or more of the kinds of business, other than a railroad business, that are subject to regulation by the Public Utility Commission.

  (b) Unless the context clearly requires otherwise, references in this title to a “corporation” mean and include an individual, partnership, association, corporation, limited liability company, municipality, cooperative, and any other legally recognized entity or person.

  (c) Unless the context clearly requires otherwise, references in this title to “articles of incorporation” mean and include articles of organization, partnership agreements, or other documentation submitted to the Vermont Secretary of State to register or form a business. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 33, § 2, eff. July 1, 2023.)

• § 102. Petition; hearing; certificate

  (a) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the Public Utility Commission to determine whether the establishment and maintenance of the corporation will promote the general good of the State and shall at that time file a copy of any petition with the Department. The Department, within 12 days, shall review the petition and file a recommendation regarding the petition in the same manner as is set forth in subsection 225(b) of this title. The recommendation shall set forth reasons why the petition shall be accepted without hearing or shall request that a hearing on the petition be scheduled. If the Department requests a hearing on the petition, or if the Commission deems a hearing necessary, it shall appoint a time and place either remotely accessible or in the county where the proposed corporation is to have its principal office for hearing the petition. Notice of the hearing shall be given in accordance with section 10 of this title and shall be published on the Commission’s website and once in a newspaper of general circulation in the county in which the proposed corporation is to have its principal office. The website notice shall be maintained through the date of the hearing. The newspaper notice shall include an internet address where more information regarding the petition may be viewed. The Department of Public Service, through the Director for Public Advocacy, shall represent the public at the hearing.

  (b) If the Commission finds that the establishment and maintenance of the proposed corporation will promote the general good of the State, it shall give the incorporators a certificate to that effect under its seal.

  (c) For good cause, after an opportunity for hearing, the Commission may amend or revoke any certificate awarded under the provisions of this section. If any certificate is revoked, the corporation shall no longer have authority to conduct any business that is subject to the jurisdiction of the Commission, whether or not regulation has been reduced or suspended under section 226a or 227a of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 19, eff. Feb. 1, 1981; 1987, No. 87, § 4; 1995, No. 99 (Adj. Sess.), § 2; 2023, No. 33, § 4, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 351, eff. July 1, 2024; 2023, No. 142 (Adj. Sess.), § 4, eff. May 30, 2024.)

• § 103. Transmission to Secretary of State; record; effect

  The articles of incorporation, the certificate of the Public Utility Commission, and the organization fee shall be transmitted to the Secretary of State. When such articles are recorded, such certificate shall be recorded therewith. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 99 (Adj. Sess.), § 3.)

• § 104. Amendment of articles, certificate by Commission

  Such a corporation or company shall not amend its articles of incorporation unless and until the Public Utility Commission, on petition and after such hearing and notice thereof as the Commission directs, certifies that such amendment will promote the general good of the State. Its certificate shall be recorded with the certificate of amendment. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 244 (Adj. Sess.), § 2; 1995, No. 99 (Adj. Sess.), § 4.)

• § 105. Payment for stock with property; approved by Commission

  When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 99 (Adj. Sess.), § 5.)

• § 106. Ownership of stock in other corporations

  When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, the public service corporation may petition the Public Utility Commission for authority to increase the amount of stock of the other corporation that may be owned by the petitioning corporation. If the Commission finds and adjudges that an increase will promote the general good of the State, it may issue its certificate and order authorizing the same, and the charter or articles of incorporation shall be amended to conform to the order. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 3; 2023, No. 85 (Adj. Sess.), § 352, eff. July 1, 2024.)

• § 107. Acquisition of control of one utility company by another; supervision

  (a) No company shall directly or indirectly acquire a controlling interest in any company subject to the jurisdiction of the Public Utility Commission, or in any company that directly or indirectly has a controlling interest in such a company, without the approval of the Public Utility Commission. Nothing in this section shall be deemed to affect the direct or indirect acquisition of a controlling interest in a company as defined in subdivision 501(3) of this title. The direct acquisition of the voting securities of a company defined in subdivision 501(3) shall continue to be regulated pursuant to section 515 of this title.

  (b) Any company seeking to acquire such a controlling interest shall file a petition with the Public Utility Commission that describes the acquisition and sets forth the reasons why such an acquisition should be approved. The Public Utility Commission shall give notice of the petition to the Department of Public Service and other interested persons, and may conduct a hearing. The Commission may grant such approval only after due notice and opportunity for hearing and upon finding that such an acquisition will promote the public good.

  (c) If any company acquires such a controlling interest without the prior approval of the Public Utility Commission, the Commission may then, after due notice and opportunity for hearing:

  (1) approve the acquisition;

  (2) modify any existing certificates or orders authorizing either or both companies to own or operate a public utility business under the provisions of this title;

  (3) revoke any such existing certificates or orders, or revoke any orders approving the articles of incorporation of such companies; or

  (4) declare the acquisition null and void, all as necessary to promote the public good.

  (d) The Commission may by rule specify terms and conditions upon which companies shall give prior notice of acquisitions regulated by this section. Any such rule may specify categories of acquisitions that may be deemed to be approved if timely notice has been filed and an investigation has not been initiated by the Commission.

  (e) For the purposes of this section:

  (1) “Controlling interest” means 10 percent or more of the outstanding voting securities of a company; or such other interest as the Public Utility Commission determines, upon notice and opportunity for hearing following its own investigation or a petition filed by the Department of Public Service or other interested party, to constitute the means to direct or cause the direction of the management or policies of a company. The presumption that ten percent or more of the outstanding voting securities of a company constitutes a controlling interest may be rebutted by a company under procedures established by the Commission by rule.

  (2) “Voting security” means any stock or security presently entitling the owner or holder to vote in the direction or management of the affairs of a company or any security issued under or pursuant to any agreement, trust, or arrangement where a trustee or trustees or agent or agents for the owner or holder of a security are presently entitled to vote in the direction or management of the affairs of a company.

  (3) A specified per centum of the “outstanding voting securities of a company” means such amount of outstanding voting securities of such company as entitles the holder or holders thereof to cast that specified per centum of the aggregate votes that the holders of all the outstanding voting securities of such company are entitled to cast in the direction or management of the affairs of such company. (1961, No. 183, § 7; amended 1971, No. 50, eff. April 14, 1971; 1989, No. 96, § 2, eff. June 14, 1989; 1993, No. 21, § 6, eff. May 12, 1993; 1999, No. 157 (Adj. Sess.), § 2; 2023, No. 85 (Adj. Sess.), § 353, eff. July 1, 2024.)

• § 108. Issue of bonds or other securities

  (a) A domestic corporation subject to the jurisdiction of the Public Utility Commission shall not mortgage nor pledge any of its corporate property nor issue any stocks, bonds, notes, or other evidences of indebtedness without the consent of the Public Utility Commission given on petition and after opportunity for hearing of the corporation or its incorporators and a finding of the Commission that the proposed action will be consistent with the general good of the State. Notice of the hearing shall be given as the Commission directs.

  (1) The corporation may issue evidences of indebtedness payable within one year from the date of issue without such consent, provided such borrowing is necessary as an emergency to restore service immediately after damage by disaster or provided its total evidences of indebtedness so payable within one year from the date of issue do not exceed 20 percent of its total assets. If such evidences of indebtedness would cause its total evidences of indebtedness so payable within one year to exceed 20 percent of its total assets, then it shall give the Commission notice in writing of its intention so to do at least 10 days before the date of the proposed issue and an itemization in such detailed form as the Commission may prescribe. If the Commission determines after considering the notice and the said corporation’s report to the Commission that further inquiry is warranted, it shall order such corporation not to issue such evidences of indebtedness under this subdivision without the consent of the Commission given after opportunity for hearing; provided, however, that if the Commission does not make such an order within 10 days from the time it receives such notice under this subdivision, then such corporation may issue such evidences of indebtedness without the consent of the Public Utility Commission, and the Commission upon request shall so notify such corporation in writing; provided, however, that the failure of the Commission to so notify such corporation shall not affect the right of such corporation to issue the evidences of indebtedness described in its notice.

  (2) Nothing in this section shall restrict the right of a common carrier by motor vehicle to issue evidences of indebtedness payable within one year from the date of issue without prior notice to or consent by the Commission.

  (b) The provisions of this section shall not apply to the Vermont Public Power Supply Authority or to a public utility that meets each and all of the following four conditions:

  (1) is incorporated in some state other than Vermont;

  (2) is conducting an interstate and intrastate telephone business that is subject to regulation by the Federal Communications Commission in some respects;

  (3) is conducting telephone operations in four or more states; and

  (4) has less than 10 percent of its total investment in property used or useful in rendering service located within this State to the extent that such public utility may issue stock, bonds, notes, debentures, or other evidences of indebtedness not directly or indirectly constituting or creating a lien on any property used or useful in rendering service that is located within this State.

  (c)(1) A municipality shall not issue bonds or notes or pledge its net revenues under 24 V.S.A. chapter 53, respecting the ownership or operation of a gas or electric utility, unless the Public Utility Commission first finds, upon petition of the municipality and after notice and an opportunity for hearing, that the proposed action will be consistent with the general good of the State.

  (2) If the Public Utility Commission does not issue its ruling within 90 days following the filing of the petition, as may be extended by consent of the municipality, the issuance of the proposed bonds or notes or pledge of net revenues shall be deemed to be consistent with the general good of the State.

  (3) If the Public Utility Commission issues a ruling in accordance with subdivision (1) of this subsection, or does not rule within the period specified in subdivision (2) of this subsection, a municipality must also have obtained voter approval in accordance with 24 V.S.A. chapter 53, if required, prior to issuing bonds or notes or pledging its net revenues.

  (d) Notwithstanding the provisions of subsection (c) of this section, a municipality may:

  (1) issue bonds or notes or pledge its net revenues payable within three years from the date of issue without such consent, provided such borrowing is necessary in an emergency to restore service immediately after damage by disaster;

  (2) issue bonds or notes or pledge its net revenues payable within one year of the date of issuance without the consent otherwise required by this subdivision, provided its total bonds, notes, or evidences of indebtedness so payable within one year do not exceed 20 percent of its total assets; or

  (3) issue bonds or notes without the consent otherwise required by this subdivision, provided:

  (A) the amount of the issuance plus the amount of any bond or note issuances during the previous 12 calendar months does not exceed 20 percent of the municipality’s total assets; and

  (B) after the proposed issuance, the total amount of the municipality’s outstanding bonds, notes, or evidences of indebtedness would not exceed 50 percent of its total assets. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 2; 1971, No. 66, eff. April 15, 1971; 1989, No. 111, § 12, eff. June 22, 1989; 1993, No. 21, § 7, eff. May 12, 1993; 1995, No. 99 (Adj. Sess.), § 6; 2019, No. 81, § 2; 2023, No. 85 (Adj. Sess.), § 354, eff. July 1, 2024.)

• § 109. Sales and leases; hearings

  (a) Except in connection with replacement or exchange, a corporation or a foreign corporation subject to the jurisdiction of the Public Utility Commission shall not make a sale or lease or series of sales or leases in any one calendar year constituting 10 percent or more of the company’s property located within this State and actually used in or required for public service operations nor merge nor consolidate pursuant to the provisions of sections 301-307 of this title, nor after any such sale, lease, consolidation, or merger shall any subsequent like action be taken, except after opportunity for hearing by the Public Utility Commission and a finding by the Commission that the same will promote the general good of the State. Such notice of the hearing shall be given as the Commission directs. A certificate of consent of the Public Utility Commission shall be filed with the Secretary of State.

  (b) No company owning or operating an electric generating plant in this State with a capacity of 80 megawatts or greater may sell or lease any real property or transmission facilities located at that plant that are required or may be required to generate electricity, interconnect generation facilities with electric transmission facilities, or transmit electricity from the plant, without first obtaining a certificate of consent from the Public Utility Commission.

  (c) No company owning or operating an electric transmission facility located in this State that is capable of operating at 100 kilovolts or greater may sell or lease any real property or equipment that is required or may be required to transmit electricity using that facility without first obtaining a certificate of consent from the Public Utility Commission.

  (d) To obtain a certificate of consent pursuant to subsection (b) or (c) of this section, the company shall notify the Commission and Department in writing of its intention to enter into such a sale or lease at least 45 days before the effective date of the proposed transaction. Within 30 days of receiving this notice, the Department shall file a written recommendation with the Commission as to whether it should consent to the proposed sale or lease, and whether further inquiry or hearing is warranted. Within 15 days of receiving the Department’s recommendation, and after considering the company’s notice and the Department’s recommendation, the Commission shall determine whether further inquiry into the proposed sale or lease is warranted and, if so, shall so proceed. If the Department recommends approval of the proposed transaction without further inquiry or opportunity for hearing, and if the Commission takes no further action within 15 days after the Department has filed such a recommendation, then the proposed transaction shall be deemed approved as consistent with the general good of the State.

  (e) The Public Utility Commission shall issue a certificate of consent under this section only if it determines that the proposed transaction shall promote the general good of the State.

  (f) Any notice provided by a company pursuant to subsection (d) of this section shall be accompanied by a statement containing the material terms of the proposed transaction and such further explanation of the proposed transaction as the Commission may prescribe. The Commission may adopt such rules as it deems appropriate for determining the necessity for and scope of any inquiry or hearing concerning a request for Commission consent to a sale or lease under subsection (b) or (c) of this section. In developing these rules, the Commission shall ensure that due consideration is given to issues such as potential ratepayer impacts of the transactions to be reviewed and least-cost integrated planning principles as defined in subdivision 218c(a)(1) of this title. The Commission’s rulemaking authority under this section shall include the discretion to:

  (1) decrease to no less than 50 megawatts the threshold for review under subsection (b) of this section;

  (2) establish a minimum value threshold to trigger review under subsection (b) or (c) of this section; and

  (3) adopt or amend other rules appropriately to minimize duplicative regulatory review under this title. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21, § 8, eff. May 12, 1993; 2007, No. 93 (Adj. Sess.), § 1, eff. March 21, 2008.)

• § 110. Eminent domain; companies authorized

  When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in property in order that it may render adequate service to the public in the conduct of its business, it may condemn property or right, as provided in sections 111–124 of this chapter. All other companies, as defined in sections 201 and 501 of this title, which are within the scope of sections 203 and 501 of this title, shall have the same power of condemnation and be subject to the same procedure as provided for condemnation by corporations subject to the jurisdiction of the Public Utility Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 61, eff. April 15, 1969; 1987, No. 271 (Adj. Sess.), § 17, eff. June 21, 1988; 2023, No. 85 (Adj. Sess.), § 355, eff. July 1, 2024.)

• § 110a. Inclusion of communications facilities

  When a gas or electric utility subject to the jurisdiction of the Commission files a petition to condemn an easement or limited right in property, there shall be a rebuttable presumption that access to the utility’s facilities provided pursuant to chapter 92 of this title shall be a necessary component of the utility’s rendering of adequate service to the public. (Added 2007, No. 131 (Adj. Sess.), § 3.)

• § 111. Petition; notice of hearing

  (a) Such corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Commission shall set a time and place for hearing such petition and shall issue a citation. The Department, after appropriate investigation, shall present at the hearing on the petition its position on the need for the acquisition, any alternatives to the acquisition, and its recommendations on the acquisition.

  (b) The citation shall be served upon each person having any legal interest in the property, including each municipality and each planning body where the property is situate like a summons, or on absent persons in such manner as the Supreme Court may by rule provide for service of process in civil actions. The Commission, in its discretion, may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 205, § 2; 1971, No. 185 (Adj. Sess.), § 213, eff. March 29, 1972; 1979, No. 204 (Adj. Sess.), § 20, eff. Feb. 1, 1981.)

• § 111a. Preexisting utility lines

  (a) When a corporation seeks to condemn property or an easement or other right over property where a currently existing utility line capable of operating at 100 kilovolts or less has not been abandoned and was in place on July 1, 1993, there is a rebuttable presumption that the condemnation of the property right authorizing the existing utility line or lines is necessary in order that the petitioner may render service to the public, provided that the property right is limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines, and does not:

  (1) significantly alter the capabilities or capacity of the line or lines;

  (2) materially alter the degree of land use associated with the presence of the line or lines; and

  (3) authorize the company to perform replacements or upgrades that would have a significant impact under the criteria set forth in section 248 of this title.

  (b) When a corporation seeks to condemn property or establish an easement or other right over property where a utility line, that has not been abandoned, was in place on July 1, 1993, the corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and why the action is necessary. The property or right shall be limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines, subject to the limitations set forth in subsection (a) of this section. The Commission shall issue a citation upon each person whose property or right the petitioner proposes to condemn and each municipality and each planning body where the property is located, or on absent persons in such manner as the Supreme Court may by rule provide for service of process in civil actions, including by publication.

  (c) Upon the filing of the petition with the Commission and Department, any pending actions and proceedings against the petitioner affecting its right to use and enjoy the subject property are stayed for the pendency of the condemnation proceeding before the Commission, and the petitioner may enter upon the property to be condemned for the purposes of examination and obtaining necessary information in order to proceed with the taking and to conduct the minimum amount of maintenance and repairs necessary to provide service.

  (d) The Commission shall fix the time and the place for hearing.

  (e) If the utility line for which the corporation seeks to acquire easements through condemnation under this section crosses more than one property, the corporation may petition the Commission to hold a single hearing to determine necessity for all persons subject to condemnation under subsection (b) of this section.

  (f) A person owning or having an interest in lands or rights to be taken may stipulate as to the necessity of the taking. The stipulation shall be filed with the Commission. The Commission shall issue an order on necessity within 45 days upon receiving the stipulation.

  (g) A stipulation under subsection (f) of this section shall be accompanied by an affidavit sworn to before a person authorized to take acknowledgments. The stipulation shall include the following:

  (1) a recital that the person or persons executing the stipulation have examined the proposed easement, which includes a description of the property or rights to be taken; and

  (2) an explanation of the legal and property rights affected.

  (h) If a hearing is required, the Commission shall hear all persons whose property or right is the subject of the condemnation petition and who wish to be heard at the time and place appointed for the hearing. The Commission shall make findings of fact and, by its order, determine whether necessity requires the taking of the land and rights as set forth in the petition.

  (i) Following a determination of necessity pursuant to subsection (f) or (h) of this section, the Commission shall expeditiously appoint a time and place for examining the premises and provide an opportunity for a hearing on the issue of compensation, giving at least 10 days’ notice in writing to the persons that are subject to the condemnation petition.

  (j) There shall be rebuttable presumptions that compensation for the taking or use of property rights under the provision of this section shall be the diminution of value caused by the existence of such utility lines across the property at the time the petition was filed with the Commission and that, where a property owner acquired the property with the utility line already in place, the diminution in value was reflected in the terms of acquiring the property. Upon rebuttal of either of these presumptions under the standard set forth in subsection (m) of this section, the Commission shall determine compensation pursuant to the criteria established by subdivision 112(3) of this title.

  (k)(1) When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk’s office of the town or towns in which such property is located within 30 days after the clerk receives the copies.

  (2) Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 12 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Supreme Court is complied with.

  (l) Section 112 of this title does not apply to petitions filed under this section except as provided in subsection (j) of this section. An appeal or review relating to an action under this section shall be to the Supreme Court pursuant to section 12 of this title.

  (m) The presumptions arising under subsections (a) and (j) of this section shall operate in accordance with the provisions of Vermont Rule of Evidence 301(a). These presumptions shall shift only the burden of production, and shall lose their effect as soon as any evidence to support a finding of the nonexistence of the presumed fact is introduced.

  (n) Nothing in this section shall impact any permitting or regulatory requirements that may apply to the corporation. (Added 2007, No. 131 (Adj. Sess.), § 4.)

• § 112. Findings; dams; assessment of damages; jury trial

  (a) When the Commission finds:

  (1) in the case of dams, that a certificate of public good authorizing the project as required, or a license from the Federal Power Commission has been granted;

  (2) that the condemnation of property or right is necessary in order that the petitioner may render adequate service to the public in the conduct of the business which it is authorized to conduct, and in conducting which it will, according to the laws of this State, be under an obligation to serve the public on reasonable terms, and pursuant to the rules of the Commission;

  (3) that the condemnation of the property or right will not unduly interfere with the orderly development of the region and scenic preservation; and

  (4) that the condemnation of property or right is sought in order that the petitioner may render adequate service to the public in the conduct of such business, the Commission shall adjudge the petitioner entitled to condemn property or right, shall assess the compensation to be paid, and shall determine the time and manner of such payment.

  (b) The compensation to be paid shall be based upon the value of the property on the day the petition is presented to the Commission, and shall include as separate elements the value of the property taken, impairment to the value of remaining property or rights of the owner, and consequential damages, including the damage to the owner’s business. Provided, however, if the petitioner or the person or persons owning or interested in such property or right are dissatisfied with the compensation assessed by the Commission, either the petitioner or such person or persons may, within 30 days after the order of the Commission is made, appeal to the Superior Court of the county within which such property or right, or any part thereof, is situated to have the amount of compensation reassessed and the time and manner of payment redetermined, and either party may demand and have a trial by jury. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263, § 1, eff. July 31, 1961; 1967, No. 205, § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 21, eff. Jan. 1, 1998; 2023, No. 85 (Adj. Sess.), § 356, eff. July 1, 2024.)

• § 113. Compensation; where party cannot be found

  When a person to whom compensation is due cannot be found, is under any legal disability, or is out of this State, the Commission may order the compensation to be deposited with the county clerk of the county where the hearing was held. The money shall be invested and paid out according to orders made by a Superior judge. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 85 (Adj. Sess.), § 357, eff. July 1, 2024.)

• § 114. Copy of order; record

  When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk’s office of the town or towns in which such property is located, within 30 days after such copies are received by him or her. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

• § 115. Effect of payment of awards

  Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 112 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Superior Court is complied with. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 116. Scope of application

  Without limiting or enlarging the scope of sections 110-115 of this title, it is hereby specifically provided that they shall apply to the condemnation of rights to construct and maintain pipe lines, conduits, lines of poles, towers, or wires, and to rights to appropriate, divert, and flow back water.

• § 117. Rights acquired and not used

  Where property, easements, or other rights are condemned under this chapter in order that the corporation may render adequate service to the public in the conduct of its business, and such property, easements, or rights are not so applied and used, they shall be subject to condemnation under this chapter for a public use by another public service corporation, other than a railroad.

• § 118. Taking burial grounds; condemnation

  When it is necessary that a corporation formed under the provisions of this chapter or a foreign corporation engaged in public service should acquire or flood land used or set apart for a cemetery or burial ground, either public or private, or should acquire an easement or limited right in such cemetery or burial ground, in order that it may render adequate service to the public in the conduct of its business, or in order that it may build and maintain its storage basins, dams, powerhouses, or lines, it may condemn such property or right as provided in this chapter.

• § 119. Notice to municipality

  Notice of such proceedings shall be given to the municipality in which the cemetery is located and such municipality shall be a party to the proceedings for all purposes.

• § 120. Removal of remains

  The remains of the dead in such cemetery shall be removed by the selectboard or board of cemetery commissioners and interred in some suitable cemetery after final judgment and before the exercise of any rights in such cemetery.

• § 121. Notice to kindred

  Before the removal of such remains, the selectboard or board of cemetery commissioners, if there are known relatives of the deceased residing in the State, shall give such relatives 30 days’ notice in writing of the intention so to do. If known relatives do not reside in the State but reside outside the State, then the remains shall not be so removed until after 60 days’ notice in writing thereof has been given to such relatives.

• § 122. Headstones or monuments erected

  The selectboard or board of cemetery commissioners shall cause existing headstones or monuments to be removed and reerected to the memory of the deceased. Permanent markers shall be provided to designate the place or reinterment of those not so marked previously.

• § 123. Expense

  The entire expense of whatever land may be necessary for the reinterment of remains and the cost of removal and reerection of headstones or monuments shall be paid by the corporation acquiring the burial ground and the easement. (Amended 2023, No. 85 (Adj. Sess.), § 358, eff. July 1, 2024.)

• § 124. Appeal

  The judgment and findings of the Commission shall be final, except that a party who feels himself or herself aggrieved thereby may appeal to the Supreme Court pursuant to the provisions of section 12 of this title. Such appeal shall suspend execution of the judgment of the Commission, but the Supreme Court, or a single Justice in vacation, may vacate the suspension as justice and equity require. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

• § 125. Powers; annual report

  A public service corporation shall have the privilege and be subject to the provisions of the general corporation law, and also to the provisions of chapter 5 of this title, except as such provisions are inconsistent with the provisions of this chapter. Such corporations shall not be required to make any annual report, except as provided in chapter 5 of this title. (Amended 1985, No. 224 (Adj. Sess.), § 4.)

• § 126. Saving clause; corporations formed before April 2, 1915

  All corporations formed prior to April 2, 1915, by special act or under the general laws of this State, that are conducting any business subject to regulation by the Public Utility Commission shall, with respect to acts done after that date, be deemed to be within the provisions of this chapter and the provisions of the general corporation law in like manner as a corporation formed under this chapter. However, a corporation formed shall not do any act in violation of any restriction contained in its charter. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 5; 2023, No. 85 (Adj. Sess.), § 359, eff. July 1, 2024.)

• § 127. Utility poles in easements across private property

  (a) Utility easements and State rules regarding utility rights of way and pole attachments shall include, as an authorized utility use, the installation of fiber-optic cable for purposes of providing broadband service to the public or for providing utility network management and monitoring, or both. The use of the utility easement and right-of-way is generally of the type contemplated in utility easements, does not materially burden the landowner beyond what was intended in the conveyance or condemnation, serves the public good, and facilitates the construction of broadband networks.

  (b) This section shall apply to all utility easements and State rules in effect on or after June 8, 2021. This section shall not apply to an easement that contains an express prohibition on the installation and operation of fiber-optic cable. (Added 2021, No. 71, § 19, eff. June 8, 2021; amended 2023, No. 85 (Adj. Sess.), § 360, eff. July 1, 2024.)