19-708. Public utility; acquisition by city or village of distribution system; wholesale service.
186 words·~1 min read·
/ne/chapter-19/19-708A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever the local distribution system of any public utility has been acquired by any city or village under the provisions of Chapter 19, article 7, the condemnee, if it is also the owner of any transmission system, whether by wire, pipeline, or otherwise, from any other point to such city or village shall, at the option of such city or village, be required to render wholesale service to such city or village whether otherwise acting as wholesaler or not. If the condemnee is a public power district subject to the provisions of section 70-626.01 , the obligations of the public power district to the condemner under this section shall be no greater than to other cities and villages under section 70-626.01 .
Condemnation proceeding was not invalidated by inclusion in notice of election of right to purchase gas at wholesale under this section. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 288 F.2d 717 (8th Cir. 1961).
Right of village to purchase gas at wholesale, as an incident to condemnation, is recognized. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 192 F.Supp. 303 (D. Neb. 1960).