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56-516 - When possession of utility to be delivered; procedure upon refusal of possession.

§ 56-516. When possession of utility to be delivered; procedure upon refusalof possession.

Unless the management of the utility believes that the Governor is mistakenin his conclusion as to the curtailment, interruption or suspension ofoperation, actual possession of the utility, its properties and facilities,shall be delivered at the time stated in the executive proclamation. In theevent of refusal of possession, upon application of the Governor any court ofrecord of any county or city in which the utility's main executive offices inthis Commonwealth are located, or the judge thereof in vacation, shall issuea rule requiring the authorized representatives of such utility to show causewhy possession should not be delivered at the time stated in the executiveproclamation. The rule shall be given preference over all other matterspending before such court. After reasonable notice, the court or judge shallhear the parties and determine as promptly as possible the question of factrelating to the curtailment, interruption or suspension of the operation ofthe utility and whether the facts require the delivery of possession andrender judgment requiring or denying delivery of possession as the case maybe.

(1952, c. 696.)

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