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This entry was published on 2014-09-22
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SECTION 86
Consent of local authorities
Transportation Corporations (TCP) CHAPTER 63, ARTICLE 7
§ 86. Consent of local authorities. No pipe lines shall be constructed
across or along any public highway without the consent of the public
officer or body having supervision thereof, upon such terms as may be
agreed upon with him or it, and also in the case of any public highway
in any city or village except as provided in section eighty-seven of
this chapter, provided that if the highway be one under the sole
supervision of a city or village or some official thereof then the
authorization of the municipal authorities as required by section
eighty-seven shall be sufficient without any other consent made
necessary by this section. If such consent, except one required under
section eighty-seven, or the consent of the municipal authorities
required by the preceding section cannot be obtained, application may be
made to the supreme court in the judicial district in which such highway
or bridge is situated for an order permitting the corporation to
construct its line across or along such highway, or upon such bridge.
The application shall be by duly verified petition and notice which
shall be served upon the public officer or body having supervision of
the highway, or the municipal authorities of the village or city where
such bridge is located in a case of consent required by the preceding
section, and the court upon the hearing of the application may grant an
order permitting the line to be constructed in such manner and upon such
terms as it may direct.