TRANSMISSION OF ELECTRICITY
Act 106 of 1909
460.553 Transmission of electricity; user of streets, regulation.
Sec. 3.
Any person, firm or corporation engaged or organized to engage in any such business of transmitting and supplying electricity in 1 or more counties of this state shall, with the consent of the duly constituted city, village and township authorities of the cities, villages and townships in or through which it operates or may hereafter propose to operate, have the right to use the highways, streets, alleys and other public places of such cities, villages and townships: Provided, That in all cases each transmission line used shall have insulation and conductivity in accordance with its voltage. In case it has or procures a franchise from any city, village or township or a right to do business therein, it may transact a local business therein. Nothing herein contained shall be construed to impair any right possessed by any village or township to the reasonable control of its streets, alleys and public places in all matters of mere local concern.
History: 1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4844 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11095 ;-- CL 1948, 460.553
Notes of Decisions
Consumers Power Co. v. Pub. Serv. Comm'n, 596 N.W.2d 126 (Mich. 1999).
· cites it 2× “154 authorizes the PSC to require that utilities submit information and data regarding the construction of lines in or through highways, streets, and public places.”
Detroit Edison Co. v. Twp. of Richmond, 388 N.W.2d 296 (Mich. Ct. App. 1986).
“265, MCL 460.553; MSA 22.153. This express legislative grant of power to the commission to control the transmission of electricity in, on, or through the public highways, streets and places precludes a township from passing ordinances regarding the same subject matter.”
Carlson v. Vill. of Union City, Mich., 601 F. Supp. 801 (W.D. Mich. 1985).
“Thus, the power granted to municipalities was limited to the “reasonable” regulation of local streets and highways; an exclusive franchise, the Attorney General opined, was not “reasonable.”
Dees v. L. F. Largess Co., 136 N.W.2d 715 (Mich. Ct. App. 1965).
“The transmission of electricity in this State is governed by CL 1948, § 460.553 (Stat Ann § 22.153). This statute requires each transmission line to have insulation or conductivity in 'accordance with its voltage, though insulation is not defined in the act.”
Detroit Edison Co. v. City of Wixom, 159 N.W.2d 230 (Mich. Ct. App. 1968).
· cites it 2× “It is of interest to note, however, that even in this grant of specific power, the right of reasonable control of streets is preserved to local government, CL 1948, § 460.553 (Stat Ann § 22.153), and Const 1963, art 7, § 29.”
Hobbs v. Detroit Edison Co., 202 N.W.2d 431 (Mich. Ct. App. 1972).
“…directed verdict is vacated. The case is remanded for further proceedings. Plaintiff may tax costs. All concurred. 1 MCLA 460.553; MSA 22.153.”
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