Us Code § 100902 - Rights of way for public utilities and power and communication facilities
Full text of Us Code United States Code § 100902 — Rights of way for public utilities and power and communication facilities, with citation guidance and answers to common questions.
§ 100902. Rights of way for public utilities and power and communication facilities
(a)
(1)
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2)
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3)
(4)
(5)
(b)
(1)
(A) electrical poles and lines for the transmission and distribution of electrical power;
(B) poles and lines for communication purposes; and
(C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
(2)
(A) shall be for not more than 50 years from the date the right of way is granted; and
(B) for—
(i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.
(3)
(4)
(A) nonuse for a period of 2 years; or
(B) abandonment.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 100902(a) | 16 U.S.C. 79. | Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. |
| 100902(b) | 16 U.S.C. 5. | Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading " |
In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327).
In subsection (a)(1), the words "and the Yosemite, Sequoia, and General Grant national parks, California" are omitted as unnecessary because "other reservations" encompasses all System units.
The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b).
In subsection (a)(4), the words "or his successor in his discretion" are omitted as unnecessary.
In subsection (b), the text of 16 U.S.C. 5 (last paragraph) is omitted as obsolete. The word "Secretary" is substituted for "the head of the department having jurisdiction over the lands" and "chief officer of the department under whose supervision or control such reservation falls" because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 relates only to System units.
About This Section
54 U.S.C. § 100902 is part of Title 54 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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