2006 Minnesota Statutes

237.39 ACQUIRING OR SELLING TELEPHONE SYSTEM.
When, under the provisions of sections 237.33 to 237.40, a township telephone system is
established in any township in which any of the inhabitants of the town are already provided
with telephone service furnished by any other telephone company or person, the town shall,
when so requested by the telephone company or person, acquire from the telephone company all
telephone equipment used by the telephone company or person in furnishing telephone service
to the inhabitants of the town exclusively. For the purpose of determining the purchase price
of the equipment, application shall be made to the department which shall determine the just
compensation which the owner of the telephone equipment is entitled to receive for it from the
town. Before deciding upon the compensation, the department shall, at a public meeting, which
may be adjourned from time to time, hear all interested persons of the question involved. The
department shall by order fix the compensation and furnish a copy of its order to the town, and
to the telephone company or person concerned. An appeal may be taken to the district court of
the county in which the town is situated from that part of the order fixing the compensation to
be paid, within 30 days, by either party. The appeal shall be tried in the same manner as other
appeals hereunder. If no appeal is taken, the order of the department shall become final at the
end of 30 days.
When, under the provisions of sections 237.33 to 237.40 a township telephone system has
been established in any town, and it has been determined by the board of supervisors of the town
to be for the best interest of public service and all persons concerned, to sell and transfer the
township telephone system to any telephone company or person giving service organized for that
purpose and qualified to purchase the system and operate it, the board of supervisors may sell,
transfer, and convey the township telephone system upon such reasonable price and terms as it
may determine; provided, that there shall be presented to the board of supervisors by a petition
signed by at least 25 percent of the landowners of the town asking for the sale. If the sale and
agreed sale price are approved at an annual or special town meeting, it being stated in the notice
of the annual and special meeting that the proposition will be considered at it, by 66 percent of the
legal voters attending the meeting.
If any township telephone lines are sold under the provisions of sections 237.33 to 237.40,
and the town has previously issued bonds for their construction, and any part of the bonds are then
outstanding and unpaid, the entire consideration received from the sale, or such part as may be
necessary, shall be held and applied only for the payment and retirement of the bonds.
History: (5318) 1921 c 439 s 7; 1929 c 150 s 1; 1971 c 25 s 67; 1983 c 247 s 102; 2004
c 228 art 2 s 7