60-4-402. Relocation of utility facilities -- hearings -- order. (1) After appropriate hearings, the department may adopt reasonable regulations for the installation, construction, maintenance, repair, renewal, or relocation of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances (hereafter called "facilities") of a utility in, on, along, over, across, through, or under a project on any of the federal-aid systems.
     (2) The department shall give written notice of the place and time of a public hearing to determine the necessity of a relocation of facilities to all concerned not less than 20 days before the hearing. Hearing may be waived in writing by the utility concerned or other interested parties.
     (3) After the hearing, the department may determine that the facilities must be relocated. If so, the utility owning or operating the facilities shall relocate them in accordance with the order of the department. The utility and its successors and assigns may maintain and operate the relocated facilities, with the necessary appurtenances, in the new location.

     History: En. Sec. 4-114, Ch. 197, L. 1965; amd. Sec. 82, Ch. 316, L. 1974; R.C.M. 1947, 32-2414.