A person shall not construct, erect, maintain, or operate a transmission line, wire, or cable which is capable of operating at an electric voltage of thirty-four and one-half kilovolts or more along, over, or across any public highway or grounds outside of cities for the transmission, distribution, or sale of electric current, without first procuring from the utilities board within the utilities division of the department of commerce a franchise granting authority as provided in this chapter. However, a franchise shall not be required for electric lines constructed entirely within the boundaries of property owned by a person primarily engaged in the transmission or distribution of electric power or entirely within the boundaries of property owned by the end user of the electric power.
If the transmission line, wire, or cable is capable of operating only at an electric voltage of less than thirty-four and one-half kilovolts, no franchise is required. However, the utilities board shall retain jurisdiction over all such lines, wires, or cables. A person who seeks to construct, erect, maintain, or operate a transmission line, wire, or cable which will operate at an electric voltage of less than thirty-four and one-half kilovolts outside of cities and which cannot secure the necessary voluntary easements to do so may petition the board pursuant to section 478.3, subsection 1, for a franchise granting authority for such construction, erection, maintenance, or operation, and for the use of the right of eminent domain.
[S13, § 1527-c, 2120-n; C24, 27, 31, 35, 39, § 8309; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 489.1; C77, 79, 81, § 478.1]
84 Acts, ch 1101, § 2; 94 Acts, ch 1136, §1; 97 Acts, ch 113, §1
Referred to in § 478.31
Authorization in cities, § 364.2
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