§ 8-106. Construction of lines and fixtures -- Easement for facilities

   (a) Application for easement. -- To obtain an easement, the president and directors of a telegraph or telephone company or a corporation authorized under § 5-410(a)(3) of this article may apply to the circuit court of the county containing the land or bridge where the telegraph, telephone, or electric facilities will be placed to empanel a jury to appraise the loss or damage that will be sustained by the owner or possessor of the land or bridge.

(b) Inquisition. --

   (1) (i) The jury shall make a return and inquisition in writing that is signed and sealed by each juror.

      (ii) The return and inquisition shall state the amount of the loss or damage.

   (2) (i) The county sheriff shall return the jury's inquisition to the clerk of the circuit court of the county.

      (ii) The clerk shall file the inquisition with the court.

   (3) Except as provided in paragraph (4) of this subsection, the court shall confirm the inquisition of the jury and the clerk shall record the inquisition at the expense of the company.

   (4) For good cause, the court may set aside the inquisition and direct another inquisition to be taken as provided in this section.

(c) Time of entitlement. --

   (1) When the value of the loss or damage is paid or tendered to the owner of the land or the legal representative of the owner of the land, the company is entitled to the easement as if the owner of the land conveyed the easement to the company.

   (2) If the value is not received when tendered, it may be received at any time without costs by the owner of the land or the legal representative of the owner of the land.

HISTORY: An. Code 1957, art. 23, § 318-320; 1998, ch. 8, § 2; ch. 653.