70-305 Right-of-way; damage to private property; procedure. - Nebraska Statutes

70-305. Right-of-way; damage to private property; procedure.Any person engaged in the generating or transmitting of electric current for sale, use, or purchase in the state for power or other purposes is granted the right-of-way for all necessary poles and wires along, within, and across any of the public highways of this state. Such person is liable for all damages to private property by reason of the use of the public highways for such purpose. Such damages shall be ascertained and determined in the manner set forth in sections 76-704 to 76-724. SourceLaws 1903, c. 117, § 1, p. 608; R.S.1913, § 7420; Laws 1917, c. 135, § 1, p. 320; Laws 1921, c. 259, § 1, p. 874; C.S.1922, § 7099; C.S.1929, § 86-303; Laws 1943, c. 231, § 2, p. 780; R.S.1943, § 86-305; Laws 1951, c. 101, § 124, p. 504; Laws 1967, c. 626, § 1, p. 2090; R.S.1943, (1999), § 86-305; Laws 2002, LB 1105, § 468. AnnotationsRight given to utility companies to erect poles and wires along highways is valuable franchise right subject to taxation. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).Under former section, company erecting transmission line may assume that line of highway is where trees and fences are found, until line is otherwise fixed. Saline County v. Blue River Power Co., 102 Neb. 758, 169 N.W. 785 (1918).Former section did not apply to telephone companies which furnish telephone service exclusively. Alt v. State, 88 Neb. 259, 129 N.W. 432 (1911).