LD 288, Page 2 - 120th Legislature, FIRST REGULAR Session

properly and a municipality incurs any expense in maintaining the

line or pays any damages as a result of the owner's failure to

maintain the line properly, the municipality may assess the owner

of the line the amount of those actual costs. The assessment must

be in writing and must specify the amount of the assessment, the

basis for the assessment and that a lien will be created on the

real estate of the owner of the line if the assessment is not paid

within 90 days. If the owner of the line does not pay the

assessment within 90 days, a lien is created on the real estate of

the owner of the line situated in the municipality to secure the

payment of actual costs incurred by the municipality. This lien

may be treated and enforced in the same manner as a tax lien under

Title 36, chapter 105, subchapter IX, article 2. In addition to

any other available remedies, a person aggrieved by a lien imposed

or enforced by a municipality under this section may bring an

action in Superior Court for a determination of the validity of the

lien.

This section does not apply to state and state aid highways
maintained by the State.

A transmission and distribution utility may not deliver
electricity over any line in, upon, along or under roads, streets
and public ways maintained by a municipality if the lines or
poles were constructed by a person other than a transmission and
distribution utility, unless the transmission and distribution
utility is provided with a certified ~~copies~~ copy of ~~the findings~~
~~by the applicable licensing authority of compliance with~~
~~subsection 2 and~~ the commission's findings pursuant to subsection
3.

SUMMARY

This bill repeals the requirement that a person who is not a
transmission and distribution utility must post prior to
constructing and maintaining its lines with poles or other
structures carrying electricity in, upon, along or under the
roads, streets and public ways maintained by any municipality a
surety bond in an amount sufficient to protect the public from
claims, demands and actions arising out of improper construction
of the line.

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