The owner, or owners, of real estate abutting on a private way who have by deed or by prescription existing rights of ingress and egress upon the way or other private ways, shall have the right to place, install, or construct in, on, along, under, and upon the private way or other private ways, poles and other appurtenances necessary for the transmission of electricity or telephone service, provided the facilities do not unreasonably obstruct the private way or other private ways, and do not interfere with or be inconsistent with the existing use by others of the way or other private ways; and, provided further, that such placement, installation, or construction is done in accordance with regulations, plans, and practices of the utility company that is to provide the electricity or telephone service. The agencies that provide the service shall comply with the rules and regulations of the public utilities commission. Any owner, or owners, may grant permission to a public utility company to enter upon the way or other private ways to place, install, repair, or relocate poles and other necessary appurtenances for the transmission of electricity or telephone service in accordance with the company or companies' regulations, practices, and tariffs filed with the public utilities commission; provided, however, that no charge or added assessment shall be levied by the public utility company or companies against the owner or owners not connected to the service or services. Neither the person installing or repairing public utility facilities, nor the facilities, nor the electricity or telephone service transmitted shall be deemed to constitute a trespass upon the way or ways.
History of Section.
P.L. 1994, ch. 353, § 1.