GENERAL PROVISIONS RESPECTING CORPORATIONS.
AN ACT to amend an Act entitled, "An Act providing a General Corporation Law", (being Chapter 394, Volume 22, Laws of Delaware as amended), enabling telegraph and telephone companies and companies using wires for transmitting electrical current for heat, light and other purposes to condemn property for their lines of wires, in certain cases.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, with the concurrence of two-thirds of the members elected to each House of the General Assembly:
Section 1. That said Chapter 394, as printed and published in Volume 22, Laws of Delaware, entitled "An
Act Providing a General Corporation Law", be and the same is hereby amended by adding at the end of Section 105 of said Chapter the following words, to wit:
"That any Telegraph Corporation, any Telephone Corporation or any Corporation using lines of wires for the transmitting of electrical current for heat, light or other purposes, organized under the provisions of this Act, 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, within the limits of this State, subject to the right of the owners thereof to full compensation to the extent that the same is taken; and that whenever any such Corporation cannot agree with the owner or owners of any franchises, easements, canals, canal lands, rivers, or other waters necessary to be taken, occupied and used in the construction of the said telegraph lines, telephone lines or lines used for transmitting current for heat, light or other purposes and the fixtures thereof, for the purchase thereof, the said Corporation may proceed for the condemnation thereof in the manner provided for in Section 81 of this Act, as amended, 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 therein provided, said Corporation shall become entitled to have, hold, use and enjoy the said franchises, easements, lands, materials, canals, rivers or other water rights to the extent and for the purposes by them required forever."
Approved March 19, A. D. 1913.