Alaska Stat. § 42.05.251
Use of municipal public ways
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 42.05.251. Use of municipal public ways.
Public utilities have the right to a permit to use public streets, alleys, and other public ways of a municipality upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions the municipality requires. The fee may not exceed the actual cost to the municipality of the utility's use of the public way and of administering the permit program. A dispute as to whether fees, terms, conditions, or exceptions are reasonable shall be decided by the commission. The commission may require a utility to add the amount of any permit fee paid as a pro rata surcharge to its bills for service rendered at locations within the boundaries of any municipality that requires payment of a permit fee.
Public utilities have the right to a permit to use public streets, alleys, and other public ways of a municipality upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions the municipality requires. The fee may not exceed the actual cost to the municipality of the utility's use of the public way and of administering the permit program. A dispute as to whether fees, terms, conditions, or exceptions are reasonable shall be decided by the commission. The commission may require a utility to add the amount of any permit fee paid as a pro rata surcharge to its bills for service rendered at locations within the boundaries of any municipality that requires payment of a permit fee.
Notes of Decisions
Cited in 5
cases, 1970–1992 · leading case: Homer Elec. Ass'n, Inc. v. City of Kenai
Homer Elec. Ass'n, Inc. v. City of Kenai (1991)
“The specific jurisdictional statute at issue is AS 42.05.251, which provided in pertinent part: Use of streets in cities and boroughs.”
B-C Cable Co. v. City & Borough of Juneau (1980)
“Further, argues appellant, until the city establishes a reasonable permit fee for the use of its public streets, as it may do pursuant to AS 42.05.251, appellant is not liable for any tax.”
Chugach Electric Association v. City of Anchorage (1970)
“AS 42.05.251, added by SLA 1970, eh. 113 § 0.”
Colville Environmental Services, Inc. v. North Slope Borough (1992)
“” AS 42.05.251. The dispute in this case falls within another area in which the Commission is empowered to exercise its adjudicatory authority.”
City of Kenai v. State, Public Utilities Commission (1987)
“fee or relocation expense at the discretion of the municipality would seem to make a fee and relocation expense interchangeable concepts, so that the authority of a utility in AS 42.05.251 to recover fees from the customers in the municipality receiving the fees would seem to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.