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2004 SESSION

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HB 754 Public service companies; definition includes limited liability companies.

Introduced by: Joe T. May | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Public service companies; limited liability companies. Authorizes any Virginia limited liability company that is issued a certificate of public convenience and necessity by the State Corporation Commission authorizing it to furnish telecommunications services, and that seeks to construct or acquire facilities for use in providing the certificated telecommunications service, to enter upon property in order to conduct examinations and to acquire property by the exercise of eminent domain. Such powers are currently granted to public service corporations. However, any limited liability company that was certificated to provide telecommunications service prior to July 1, 2004, (i) will not have the power of eminent domain until the Commission specifically authorizes it to exercise such power, and (ii) will not be authorized to exercise the power of eminent domain with respect to any real property that is the subject of any action for trespass or related cause of action in which it is alleged that the limited liability company entered upon and damaged the property, unless the Commission finds that the proceeding has been settled or otherwise dismissed. The bill does not affect the right of any property owner to pursue actions for damages to persons or property done by a certificated limited liability company prior to July 1, 2004.


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