393.010. Corporations supplying gas, electricity or water — powers. — Any corporation formed under or subject to chapter 351 or heretofore organized under the laws of Missouri for the purpose of supplying any town, city or village with gas, electricity or water shall have full power to manufacture and sell and to furnish such quantities of gas, electricity or water as may be required by the city, town or village, district or neighborhood where located for public or private buildings or for other purposes, and such corporations shall have the power to lay conductors for conveying gas, electricity or water through the streets, alleys and squares of any city, town or village with the consent of the municipal authorities thereof under such reasonable regulations as such authorities may prescribe, and such companies are authorized to set their poles, piers, abutments, wires and other fixtures along, across or under any of the public roads, streets and waters of this state in such manner as not to incommode the public in the use of such roads, streets and waters.
Notes of Decisions
Missouri Utils. Co. v. Scott-New Madrid-Mississippi Elec. Coop., 475 S.W.2d 25 (Mo. 1971).
· cites it 12× “520] constituted a delegation of power by the state to a municipality to grant or refuse permission to electrical companies to place appliances in public ways within the municipality and that the requirement of municipal consent as to electric corporations is wholly statutory.”
Ogg v. Mediacom, L.L.C., 142 S.W.3d 801 (Mo. Ct. App. 2004).
“080 (telecommunications companies); §§ 393.010 and 393.020 (electric, gas, and water companies); § 393.”
City of Blue Springs v. Cent. Dev. Ass'n, 684 S.W.2d 44 (Mo. Ct. App. 1984).
· cites it 2× “At best CWC had incorporated under § 393.010 RSMo 1978, a week prior to the ordinance being passed and about 3 months before the petition was filed, and had timely obtained legitimate deeds to the subsurface water rights, but it simply had not done enough to become a protected…”
Union Elec. Co. v. City of Crestwood, 499 S.W.2d 480 (Mo. 1973).
· cites it 3× “410 (which relates to police and health regulations and authorizes the city to regulate the placement of poles on or the making of excavations through or under streets, alleys, sidewalks, or other public places in the city) and § 393.010 (which relates to companies supplying…”
State ex rel. Harline v. Pub. Serv. Comm'n, 343 S.W.2d 177 (Mo. Ct. App. 1960).
· cites it 2× “The following specific powers are conferred upon it by Section 393.010: “* * * full power to manufacture and sell and to furnish * * * *181 ■electricity * * * and * * * to lay ■conductors for conveying * * * electricity * * * through the streets, alleys and squares of any city *…”
State ex rel. Missouri Water Co. v. Bostian, 272 S.W.2d 857 (Mo. Ct. App. 1954).
· cites it 4× “issouri Water Company is an existing Missouri corporation engaged in the business of producing, purifying, treating and distributing water to the inhabitants of the City of Independence, Missouri, and adjacent vicinity, and is a public utility, subject to the orders of and…”
Union Elec. Co. v. City of Jackson, 791 S.W.2d 890 (Mo. Ct. App. 1990).
· cites it 2× “§ 393.010, RSMo 1986. Finally, a municipality is not formed under Chapter 394, RSMo and is therefore not a rural electric cooperative.”
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