35-A §2511. Filling and protecting openings
§2511. Filling and protecting openings 1. Filling openings. A person opening a street, road or highway pursuant to a permit granted under sections 2501 to 2509 shall completely fill up the opening. The filling shall be puddled or rammed as the nature of the soil requires and shall be completed within the time designated in […]
35-A §2512. Improper work redone; penalty
§2512. Improper work redone; penalty If a person improperly repairs or fills an opening, the municipal officers or their appointees may have the work redone properly and shall keep an account of the cost of redoing this work. [PL 1987, c. 141, Pt. A, §6 (NEW).] A person in default shall pay a penalty […]
35-A §2513. Relaying of pavement
§2513. Relaying of pavement When an excavation is made in a paved street, road or highway and the opening is filled as required by sections 2511 and 2512, the municipality or village corporation in which the opening was located shall relay the pavement unless the municipality or village corporation has entered into an agreement pursuant […]
35-A §2514. Travel and trees not to be interfered with
§2514. Travel and trees not to be interfered with 1. Public travel. Every person in constructing and maintaining its poles, lines, fixtures and appliances in, along, over, under and across the roads and streets in which it may obtain locations and across or under the waters upon and along its route or routes may not […]
35-A §2515. Liability; damages
§2515. Liability; damages Every corporation organized under section 2101 and former section 2109 and every entity authorized under section 2301 to construct lines is liable in all cases to repay a municipality all sums of money that the municipality is obliged to pay on a judgment recovered against it for damages caused by an obstruction, […]
35-A §2501. Applicability
§2501. Applicability 1. Applicability of chapter 25. All persons engaged in the business of the transmission of communications or electricity are subject to the duties, restrictions and liabilities prescribed in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).] 2. Applicability of section 2503. Except as otherwise provided, a person may not construct […]
35-A §2502. Definitions
§2502. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Applicable licensing authority or licensing authority. “Applicable licensing authority” or “licensing authority” means: A. The Department of Transportation, when the public way is a state […]
35-A §2503. Procedure for application for permit
§2503. Procedure for application for permit 1. Application. The application must be in writing and describe the facilities, the requested location, evidence of notice provided to owners of facilities in the applicable public way, the minimum depth if an underground facility, the minimum height of any attached wires or cables, if aboveground facilities, all in […]
35-A §2504. Use of facilities alone creates no legal right for continuance
§2504. Use of facilities alone creates no legal right for continuance No enjoyment by any person for any length of time of the privilege of having or maintaining its facilities in the public way, may give a legal right to the continued use of the enjoyment or raise any presumption of a grant of a […]
35-A §2505. Damages; recovery of award and costs
§2505. Damages; recovery of award and costs An owner of land near or adjoining a highway or road along which lines are constructed, erected or altered in location or construction by any person may recover damages as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Assessment of damages. If the owner’s property […]