A line erected as authorized in section 2513 of this title shall remain the property of such telegraph, telephone, or electric light company,
and shall not pass by sale, transfer, or mortgage made by the railroad corporation,
of the lands upon which the line is erected, nor shall the line be liable to attachment
or levy of execution against such railroad corporation.
Preseault v. City of Burlington, 2006 VT 63, 908 A.2d 419. “The Preseaults ask this Court to answer the certified question in the negative, arguing that 30 V.S.A. § 2514 provides only a limited statutory right to maintain existing utility lines and cannot be construed as granting a common-law easement that would allow utilities to add…”
Preseault v. City of Burlington, 412 F.3d 96 (2d Cir. 2005). “Section 2514 speaks to the residual right of the utility after such a transfer: A line erected as authorized in section 2513 of this title shall remain the property of such telegraph, telephone or electric light company, and shall not pass by sale, transfer or mortgage made by…”
Preseault v. City of Burlington, 464 F.3d 215 (2d Cir. 2006). “Vt. Stat. Ann. tit. 30 § 2513(a). It further provides that, upon transfer of a railroad easement, a line authorized by section 2513 remains the property of the installing utility.”
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