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<br />1237.19
<br />
<br />TELECOMMUNICATIONS
<br />
<br />Croaø References
<br />
<br />AcquisJtion, bond issues, see § 475.52.
<br />Eminent domain, see § 117.011 et seq.
<br />Municipally owned utilities, generally, see § 412.321 et seq.
<br />
<br />Ubrary References
<br />
<br />Municipal Corporations *"'57.
<br />WESTlA W Topic No. 268.
<br />CJ.S. Municipal Corporations § 106 et seq.
<br />
<br />Jolot ownenhlp t
<br />lurtacUctioD 3
<br />Sale or leue 2
<br />
<br />Note. of DedaloDB
<br />
<br />to Vl)te of the people, and though statute is not
<br />explicit as to whether consent of warehouse
<br />and railrDad commission is necessary before
<br />leasing the system, it would be best to submit
<br />matter to commission before transaction is
<br />completed, Op.Atty.Gen.1930, No. 89, p. 103.
<br />
<br />1. 10lot owoenhlp
<br />
<br />A city and surrounding towns may jointly
<br />acquire and operate a telephone exchange pur-
<br />suant to the Joint Exercise of Powers Act, sec-
<br />tion 471.59, providing that conditions imposed
<br />by their enabling statutes, and other statutes,
<br />have been complied with. Op.Atty.Gen., 1007,
<br />May 9, 1983.
<br />
<br />3. 'urlldlctlon
<br />
<br />Village owned and operated telephone sys-
<br />tem cannot be extended to area annexed to
<br />viUage which already had telephone service
<br />proVided by another company unless viIlage
<br />first obtains a declaration of public conve·
<br />nience from Public Service Commission pre-
<br />scribed by § 237.16, Op,Atty.Gen., 98-A, Aug.
<br />7, 1967.
<br />
<br />J. SaJe OJ' Jean
<br />
<br />Village counsel may sell or lease a village
<br />telephone exchange without submitting matter
<br />
<br />237.20. Notl,=e to commission and procedure
<br />
<br />When a municipality decides in the manner above provided to acquire an
<br />existing plant by condemnation, it shall give notice to the commission which
<br />shall determine the just compensation which the owner of the plant is entitled
<br />to receive from the municipality. Before deciding upon the compensation,
<br />the commission shall, at a public meeting which may be adjourned from time
<br />to time, hear all interested parties on the question involved. The commission
<br />shall by order fix the compensation and furnish a copy of its order to the
<br />municipality and to the telephone company concerned. An appeal may be
<br />taken to the district court of the county in which the plant is situated from
<br />that part of the order fixing the compensation to be paid, within 30 days, by
<br />either party. The appeal shall be tried the same as other appeals hereunder.
<br />If no appeal is taken, the order of the commission shall become final at the
<br />end of 30 days.
<br />Amended by Laws 1971, c. 25, § 67; Laws 1980, c. 614, § 123; Laws 1983, c. 247, § 99,
<br />eff. Aug. 1, 1983.
<br />
<br />Derivation:
<br />8t.1927, § 5303.
<br />Gen,St.1923, § 5303.
<br />Laws 1915, c. 152, § 17.
<br />
<br />Historical and Statutory Notes
<br />
<br />Laws 1971, c, 25, § 67, instructed the revisor
<br />of statutes to substitute "department of public
<br />service" or "department" for "railroad and
<br />warehouse commission" or "commission"
<br />wherever they apþeaf referring to the former
<br />railroad and warehouse commission.
<br />134
<br />
<br />
<br />TELEPHONE AND '
<br />
<br />Laws 1980, c. 614, § 123,
<br />of statutes to substitute "cc
<br />partment" wMrever it appe
<br />
<br />Laws 1983. c, 247, pro'
<br />appeal of various matters '
<br />
<br />Acquisition, bond issues, Sf
<br />District courts, see § 1l7.0~
<br />Eminent domain, see § lli
<br />Municipally owned utilities
<br />
<br />Eminent Domain ""'180,
<br />WESTLAW Topic No. 14t
<br />CJ .S. Eminent Domain §
<br />
<br />237.21. vatuadon c
<br />
<br />In determining the
<br />poses, no valuation sh
<br />by the state or any m'
<br />the state or municipal
<br />ableness of rates shaI
<br />plants as a whole. I
<br />telephone system com
<br />ableness of rates, as n
<br />able return from the
<br />than by the return fro
<br />or charges shall be
<br />circumstanceS, which
<br />tend to destroy compl
<br />the locality affected.
<br />
<br />Laws 1953, chapter
<br />the courts or the dep<
<br />
<br />Amended by Laws 1953
<br />§ 123.
<br />I Laws 1953, chapter 25 a
<br />
<br />DerlvatloD:
<br />8t.1927, § 5304.
<br />Gen.8t,1923, § 5304.
<br />Laws 1915, c. 152, § 18.
<br />
<br />Laws 1953, c, 2S, §§ I, 2
<br />sentence in the first paragc
<br />second paragraph.
<br />
<br />Laws 1971, c. 25, § 67, in~
<br />of statutes to substitute "de
<br />
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