§269-19  Merger and consolidation of public utility corporations.  No public utility corporation shall sell, lease, assign, mortgage, or otherwise dispose of or encumber the whole or any part of its road, line, plant, system, or other property necessary or useful in the performance of its duties to the public, or any franchise or permit, or any right thereunder, nor by any means, directly or indirectly, merge or consolidate with any other public utility corporation without first having secured from the public utilities commission an order authorizing it so to do.  Every such sale, lease, assignment, mortgage, disposition, encumbrance, merger, or consolidation, made other than in accordance with the order of the commission shall be void. [L 1933, c 169, pt of §4; RL 1935, §7957; RL 1945, §4718; RL 1955, §104-18; HRS §269-19]

 

Case Notes

 

  Section applies to lease of air space above land used by a public utility, and approval of commission must be obtained.  54 H. 402, 507 P.2d 755.

  PUC did not fail to protect public interest with regard to HECO's contract for purchase of land in Heeia Kea.  64 H. 289, 639 P.2d 1103.

  Unsecured obligation to make payments in future is not an encumbrance.  64 H. 289, 639 P.2d 1103.

  Cited:  178 F. Supp. 637, 640.