Section 86. Consent of local authorities  


Latest version.
  • No pipe lines shall be constructed
      across  or  along  any  public highway without the consent of the public
      officer or body having supervision thereof, upon such terms  as  may  be
      agreed  upon  with him or it, and also in the case of any public highway
      in any city or village except as provided  in  section  eighty-seven  of
      this  chapter,  provided  that  if  the  highway  be  one under the sole
      supervision of a city or village  or  some  official  thereof  then  the
      authorization  of  the  municipal  authorities  as  required  by section
      eighty-seven  shall  be  sufficient  without  any  other  consent   made
      necessary  by  this  section. If such consent, except one required under
      section eighty-seven,  or  the  consent  of  the  municipal  authorities
      required by the preceding section cannot be obtained, application may be
      made to the supreme court in the judicial district in which such highway
      or  bridge  is  situated  for  an  order  permitting  the corporation to
      construct its line across or along such highway, or  upon  such  bridge.
      The  application  shall  be  by  duly verified petition and notice which
      shall be served upon the public officer or body  having  supervision  of
      the  highway,  or the municipal authorities of the village or city where
      such bridge is located in a case of consent required  by  the  preceding
      section,  and the court upon the hearing of the application may grant an
      order permitting the line to be constructed in such manner and upon such
      terms as it may direct.