§ 11-21-222. Condemnation proceedings relating to rural electric cooperatives or electric public utilities - Moratorium - Implementation of retail consumer choice contingency.  


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  • There is hereby declared a moratorium on all municipal condemnation proceedings instituted pursuant to Section 437.2 of Title 18 of the Oklahoma Statutes, initiated prior to the enactment of electric restructuring enabling legislation and the implementation of consumer choice of retail electric energy suppliers.  The moratorium shall also apply to all municipalities or public trusts thereof which attempt to condemn the facilities of electric public utilities or rural electric cooperatives for the purpose of utilizing such facilities for the delivery of electric power and energy.  The moratorium shall remain in effect until the enactment of electric restructuring enabling legislation and implementation of consumer choice of retail electric energy suppliers.  Upon such enactment of electric restructuring enabling legislation and implementation of consumer choice of retail electric energy suppliers, the municipal condemnation provisions authorizing municipalities with electric utilities to condemn the facilities of rural electric cooperatives contained in Section 437.2 of Title 18 of the Oklahoma Statutes is hereby repealed.  The moratorium provided for herein shall have prospective and retroactive application.

Added by Laws 1998, c. 391, § 2, emerg. eff. June 10, 1998.  Amended by Laws 2001, c. 397, § 1, emerg. eff. June 4, 2001.