Such telegraph, telephone, electric power or lighting company shall be entitled, upon making just compensation therefor, to the right-of-way over the lands, privileges and easements of other persons and corporations, including rights-of-way for the construction, maintenance, and operation of pipelines for transporting fuel to their power plants; and to the right to erect poles and towers, to establish offices, and to take such lands as may be necessary for the establishment of their reservoirs, ponds, dams, works, railroads, or sidetracks, or powerhouses, with the right to divert the water from such ponds or reservoirs, and conduct the same by flume, ditch, conduit, waterway or pipeline, or in any other manner, to the point of use for the generation of power at its said powerhouses, returning said water to its proper channel after being so used. (1874-5, c. 203, s. 4; Code, s. 2009; 1899, c. 64; 1903, c. 562; Rev., s. 1573; 1907, c. 74; C.S., s. 1698; 1921, c. 115; 1923, c. 60; 1925, c. 175; 1957, c. 1046; 1963, c. 1165, s. 1; 1981, c. 919, s. 2.)
Notes of Decisions
Progress Energy Carolinas, Inc. v. Strickland, 640 S.E.2d 856 (N.C. Ct. App. 2007).
· cites it 38× “N.C. Gen.Stat. § 62-183 (2005). We have found no other authority suggesting that "future facilities" are excluded from the general grant; therefore, the description in the petition does not exceed petitioner's authority to condemn under our statutes.”
State Ex Rel. Utils. Comm'n v. Gen. Tel. Co. of the Se., 189 S.E.2d 705 (N.C. 1972).
“In this we find no error, in view of the rate making procedure required by G.S. 62-183 (b). In so holding, we do not intimate, as the Court of Appeals did not, that the Commission’s determination that 7.”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
“He *605 strongly argues that this violates the basic tenets of free enterprise and assigns to the operating expense element of the rate making formula in G.S. 62-183 a function which it was not intended to bear, that of attraction of capital.”
State ex rel. Utils. Comm'n v. S. Bell Tel. & Tel. Co., 207 S.E.2d 771 (N.C. Ct. App. 1974).
“Capital raised by issuance of securities in any event *721 does not become part of the rate base until it has been invested in property “used and useful in providing the service rendered to the public within this State,” G.S. 62-183 (b) (1), and then only to the extent of the…”
State Ex Rel. Utils. Comm'n v. Edmisten, 217 S.E.2d 201 (N.C. Ct. App. 1975).
“” A fuel adjustment formula, it is argued, cannot qualify as either a “rate” or “schedule of rates”; and by implementing the fuel clause, the Commission has permitted Duke to unilaterally change its rates from month to month without investigation or hearing and without the…”
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.