THE INDETERMINATE PERMIT FOR PUBLIC UTILITIES

Stason, E. Blythe

Journal: Michigan Law Review

Volume: 25

First Page: 354

Year: 1927

Bluebook Citation: 25 MICH. L. REV. 354 (1927)

Author: E. Blythe Stason: all 52 publications


Abstract

Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship.

In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, it is pregnant with possibilities for harm. A pronounced legislative interest in it has been manifest during recent years.

It fairly bristles with both legal and economic problems. A detailed examination of the principle involved may therefore be justifiable.

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