227.240. Location and removal of public utility equipment--lines in right-of-way permitted--penalty for violation. - Missouri Statutes

Location and removal of public utility equipment--lines inright-of-way permitted--penalty for violation.

227.240. 1. The location and removal of all telephone, cabletelevision, and electric light and power transmission lines, poles, wires,and conduits and all pipelines and tramways, erected or constructed, orhereafter to be erected or constructed by any corporation, municipality,public water supply district, sewer district, association or persons,within the right-of-way of any state highway, insofar as the public traveland traffic is concerned, and insofar as the same may interfere with theconstruction or maintenance of any such highway, shall be under the controland supervision of the state highways and transportation commission.

2. A cable television corporation or company shall be permitted toplace its lines within the right-of-way of any state highway, consistentwith the rules and regulations of the state highways and transportationcommission. The state highways and transportation commission shallestablish a system for receiving and resolving complaints with respect tocable television lines placed in, or removed from, the right-of-way of astate highway.

3. The commission or some officer selected by the commission shallserve a written notice upon the entity, person or corporation owning ormaintaining any such lines, poles, wires, conduits, pipelines, or tramways,which notice shall contain a plan or chart indicating the places on theright-of-way at which such lines, poles, wires, conduits, pipelines ortramways may be maintained. The notice shall also state the time when thework of hard surfacing said roads is proposed to commence, and shallfurther state that a hearing shall be had upon the proposed plan oflocation and matters incidental thereto, giving the place and date of suchhearing. Immediately after such hearing the said owner shall be given anotice of the findings and orders of the commission and shall be given areasonable time thereafter to comply therewith; provided, however, that theeffect of any change ordered by the commission shall not be to remove allor any part of such lines, poles, wires, conduits, pipelines or tramwaysfrom the right-of-way of the highway. The removal of the same shall bemade at the cost and expense of the owners thereof unless otherwiseprovided by said commission, and in the event of the failure of such ownersto remove the same at the time so determined they may be removed by thestate highways and transportation commission, or under its direction, andthe cost thereof collected from such owners, and such owners shall not beliable in any way to any person for the placing and maintaining of suchlines, poles, wires, conduits, pipelines and tramways at the placesprescribed by the commission.

4. The commission is authorized in the name of the state of Missourito institute and maintain, through the attorney general, such suits andactions as may be necessary to enforce the provisions of this section. Anycorporation, association or the officers or agents of such corporations orassociations, or any other person who shall erect or maintain any suchlines, poles, wires, conduits, pipelines or tramways, within theright-of-way of such roads which are hard-surfaced, which are not inaccordance with such orders of the commission, shall be deemed guilty of amisdemeanor.

(RSMo 1939 § 8757, A.L. 2005 S.B. 237, A.L. 2006 H.B. 1149)

Prior revision: 1929 § 8109

(1951) State highway commission had power to order water mains of public water supply district, existing under chapter 247, RSMo, in road right-of-way, removed and relocated at district's expense on taking over county road and converting same to state highway. Public Water Supply Dist. v. State High Comm. (Mo.), 244 S.W.2d 4.

(1957) Hearing on order directing relocation water mains on highway right-of-way, and judicial review thereof held subject to and governed by chapter 536, RSMo, which provides for administrative procedure and review. State ex rel. State Highway Comm. v. Weinstein (Mo.), 322 S.W.2d 778.

(1963) The allocation of costs for removal and relocation of water lines in state highway right-of-way is a matter of policy to be determined by state highway commission in its discretion, and commission's order imposing all costs of relocation on public water supply district was not subject to review under administrative review act. Jackson County Pub. Water Supply Dist. v. State Highway Commission (Mo.), 365 S.W.2d 553.

(1971) At hearing under this section on relocation of water mains where they would not interfere with construction of state highway, public water supply district was not entitled to have commission pass on, or to judicial review of question of its liability for cost and expense of removal and relocation of mains on the theory that mains were located on private easements and not on public ways. Public Water Supply Div. No. 2 v. State Highway Commission (Mo.), 472 S.W.2d 347.