229.260. Removal of lines or poles, when--costs assessed, how.

MISSOURI STATUTES AND CODES

229.260. Removal of lines or poles, when--costs assessed, how.

Removal of lines or poles, when--costs assessed, how.

229.260. 1. It shall be the duty of any person, firm orcorporation owning or operating said poles, wires, transmissionlines, feed or trolley wires, or steam or interurban railroads,after service of notice as required in section 229.250, tofurnish competent workmen or linemen to remove such poles, orraise or cut such wires as will be necessary to facilitate themoving of said house, building or other structure.

2. The actual expense which is incurred by any person, firmor corporation for cutting, removing or otherwise facilitatingthe moving of any such house, building or other structure, shallbe paid by the person, firm or corporation requesting theremoval of the poles, or raising or cutting the wires. Actualexpenses for the person, firm or corporation requesting theremoval of the poles, or raising or cutting the wires, incurredin removal of the poles or in the raising or cutting of thewires shall only include the actual additional expenses incurredby the owner or operator of the poles or wires and shall notinclude other fixed expenses which would be incurred by suchowner or operator whether or not removal of poles or raising orcutting of wires is required under this section. In addition,where the removal of poles or the raising or cutting of wires isrequired under this section solely due to noncompliance withfederal regulations involving the minimum height of wires abovethe property over which they cross, the owner or operator of thepoles and wires shall pay the costs incurred pursuant to thissection. The person, firm or corporation owning or operatingthe poles, wires, transmission lines, feed or trolley wires, orsteam or interurban railroads may require the person, firm orcorporation requesting the removal, raising or cutting tofurnish an appropriate bond or other surety agreement ensuringpayment of all such expenses.

3. No person engaged in moving any house, building or anyother structure shall raise, cut or in any way interfere withany such poles, wires or transmission lines unless the personsor authorities owning or having control of the same shall refuseso to do, after having been notified as required by section229.250, and then only competent and experienced workmen orlinemen shall be employed in such work, and the same shall bedone in a careful and workmanlike manner, and the poles, wiresand transmission lines promptly replaced, and damages theretopromptly repaired at the expense of the person, firm orcorporation requesting the removal of the poles, or raising orcutting the wires. Actual expenses for the person, firm orcorporation requesting the removal of the poles, or raising orcutting the wires, incurred in removal of the poles or in theraising or cutting of the wires shall only include the actualadditional expenses incurred by the owner or operator of thepoles or wires and shall not include other fixed expenses whichwould be incurred by such owner or operator whether or notremoval of poles or raising or cutting of wires is requiredunder this section. In addition, where the removal of poles orthe raising or cutting of wires is required under this sectionsolely due to noncompliance with federal regulations involvingthe minimum height of wires above the property over which theycross, the owner or operator of the poles and wires shall paythe costs incurred pursuant to this section. The person, firmor corporation owning or operating the poles, wires,transmission lines, feed or trolley wires, or steam orinterurban railroads may require the person, firm or corporationrequesting the removal, raising or cutting to furnish anappropriate bond or other surety agreement ensuring payment ofall such expenses.