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2005 Rhode Island Code - § 39-17-2 — Purposes for which permitted – Duration – Protection of existing businesses – Landowner\'s rights.
Any grants, whether by ordinance or by contract, may confer upon any
corporation created by the general assembly for the purpose of distributing
water, or for the purpose of producing, selling, and distributing currents of
electricity to be used for light, heat, or motive power, or for the purpose of
manufacturing, selling, and distributing illuminating or heating gas, or for
the purpose of operating street railways by any motive power, or for the
purpose of operating telephones, the exclusive right, for a time not exceeding
twenty-five (25) years, to erect, lay, construct, and maintain for the purposes
for which the corporation is created, poles, wires, pipes, conduits, rails, or
cables, with necessary and convenient appurtenances as may be required for the
conduct of the business of the corporation, in, over or under the streets of
the town or city; provided, however, that no grant of exclusive rights or
franchises for any of the purposes described in this section shall be made by
any city or town wherein, at the time a corporation created for the same
purpose, or a person duly authorized by law to use the streets for such
purpose, shall be in actual use and enjoyment of the rights, except to the
corporation or person already carrying on business in the city or town; and
provided, further, that whenever in any city or town more than one corporation
shall at the time be in actual use and enjoyment of portions of the streets and
highways for any of the purposes described in this section, no exclusive right
or franchise shall be granted to either without the consent of the other; and
provided, further, that no grant shall prevent any town or city from permitting
any person or corporation to use streets or highways for any of the purposes
described in this section in order to connect and serve any two (2) or more
estates owned by the person or corporation.
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