CHAPTER 106
GENERAL PROVISIONS RESPECTING CORPORATIONS
AN ACT to Amend Section 2049 of the Revised Code, being Section 135 of Chapter 65, relative to corporations.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 65 of the Revised Code be and the same is hereby amended by striking out all of 2049, SCC. Amended 135, and inserting in lieu thereof the following:
2049. Sec. 135. TELEPHONE, TELEGRAPH AND ELECTRIC COMPANY; CROSSING OF CANALS, CANAL LANDS, RIVERS AND OTHER WATERS; ALONG HIGHWAYS, COMPENSATION TO OWNERS ; EMINENT DOMAIN :Any telegraph corporation, any telephone corporation or any corporation using lines or wires for the transmitting of electrical current for heat, light or other purposes, whether created by prior special act or organized under this chapter, may erect, construct and maintain its telegraph or telephone lines or its wires for transmitting electrical current for heat, light or other purposes, and the necessary fixtures for the same through and across or under any of the canals and canal lands, rivers or other waters, and also along any highways within the limits of this State, outside of highways within the limits of and maintained by incorporated cities and towns, subject to the approval or authority of the public authority having charge or control of such highways, and also ways subject to the right of the owners of the fee on such highways and to the owners abutting upon such highways to full compensation, to the extent that their property is taken or burdened.
Whenever any such corporation cannot agree with any domain such owner or owners as to purchase or damages, the said corporation may proceed for the condemnation of any such franchises, easements, canals, canal lands, rivers or other waters or highways, or burdens imposed upon landowners abutting upon any highways, whether owners of the fee in the bed of such highways, or not, in manner provided for in Section no of this Chapter in relation to railroads, and when the damages ascertained therefor in the manner provided in said Section shall have been paid or deposited in the proper bank as there- in provided, said corporation shall become entitled to have, hold, use and enjoy the said franchises, easements, lands, materials, canals, rivers or other water rights or to occupy said highways to the extent and for the purposes by them required forever.
This Section shall be given full force and effect. Anything in any of the laws of Delaware including this Chapter inconsistent herewith or to the contrary herewith notwithstanding.
Approved March 19. A. D. 1923.