CHAPTER 446

AN ACT TO AMEND CHAPTER 9, TITLE 26, DELAWARE CODE, RELATING TO THE LAYING OF PIPES, CONDUITS OR WIRES BY ELECTRIC UTILITY CORPORATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Sections 907 and 908, Title 26, Delaware Code, are hereby amended by striking out said sections and inserting in lieu thereof the following:

§ 907. Laying pipes, conduits or wires by electric utility corporations

Every corporation mentioned in Section 906 of this Title may lay pipes, conduits or wires beneath the public roads, highways, streets, avenues and alleys as it deems necessary. The pipes, conduits and wires shall be laid at least two (2) feet below the surface of the same and shall not in anywise unnecessarily obstruct or interfere with public travel, or damage public or private property. No public streets shall be opened for such purpose without the consent of the council of any city, or the town commissioners of any incorporated town, or other persons having control over the public roads, highways, streets, avenues and alleys. Such use of the public streets in any of the cities and towns of this State shall be subject to such regulations, taxation and restrictions as may be first imposed by the corporate authorities of such cities and towns.

Approved May 20, 1970.