sec.105XReplacement or reconstruction of public utility plant

### sec.105X Replacement or reconstruction of public utility plant This section applies if the carrying out of local government tollway infrastructure works on local government tollway corridor land by or for the local government requires taking away or replacing public utility plant. The local government can not be compelled to replace or reconstruct the public utility plant in its previous location and form. If the public utility plant is replaced or reconstructed— it must be done under the local government’s requirements; and it must be done at the local government’s expense. However, the cost to the local government of replacement or reconstruction of the public utility plant may be reduced by agreement between the local government and the public utility provider owning the public utility plant after taking into account— the remaining life of the public utility plant; and the salvage or scrap value of the public utility plant; and additional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and additional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements. s 105X ins 2005 No. 67 s 32 (sec.105X-ssec.1) This section applies if the carrying out of local government tollway infrastructure works on local government tollway corridor land by or for the local government requires taking away or replacing public utility plant. (sec.105X-ssec.2) The local government can not be compelled to replace or reconstruct the public utility plant in its previous location and form. (sec.105X-ssec.3) If the public utility plant is replaced or reconstructed— it must be done under the local government’s requirements; and it must be done at the local government’s expense. (sec.105X-ssec.4) However, the cost to the local government of replacement or reconstruction of the public utility plant may be reduced by agreement between the local government and the public utility provider owning the public utility plant after taking into account— the remaining life of the public utility plant; and the salvage or scrap value of the public utility plant; and additional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and additional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements. - (a) it must be done under the local government’s requirements; and - (b) it must be done at the local government’s expense. - (a) the remaining life of the public utility plant; and - (b) the salvage or scrap value of the public utility plant; and - (c) additional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and - (d) additional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements.