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17-1903. Entry upon and condemnation of land. Such companies are also authorized to enter upon any lands, whether owned by private persons in fee, or in any less estate, or by any corporation, whether acquired by purchase or by virtue of any provision in the charter of such corporation, for the purpose of making preliminary surveys and examinations, with a view to the erection of any telegraph lines; and, from time to time to appropriate so much of said lands as may be necessary to erect such poles, piers, abutments, wires and other necessary fixtures for a magnetic telegraph, and to make such changes of location of any part of said lines as may from time to time be deemed necessary, and shall have a right of access to construct said line, and when erected from time to time as may be required, to repair the same, and may proceed to obtain the right-of-way, and to condemn lands for the use of the corporation in the manner provided by K.S.A. 26-501 to 26-516, inclusive.

History: G.S. 1868, ch. 23, § 75; R.S. 1923, 17-1903; L. 1963, ch. 234, § 39; January 1, 1964.

Cross References to Related Sections:

Condemnation by telegraph companies, see also 17-618.

CASE ANNOTATIONS

1. Liable for such damages as accrue from building line. W.U. Telegraph Co. v. Rich, 19 Kan. 517.

2. Proceedings necessary to authorize telegraph company to cross bridge. Bridge Co. v. Telegraph Co., 36 Kan. 113, 12 P. 535.

3. Construction of telephone line on highway not additional servitude. McCann v. Telephone Co., 69 Kan. 210, 212, 232, 76 P. 870.

4. Mentioned in upholding eminent domain proceeding by telephone company; injunctive relief denied. Schuck v. Rural Telephone Service Co., 286 Kan. 19, 23, 24, 180 P.3d 571 (2008).


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