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C STATE OF NEVADA C 0 DEPARTMENT OF ATTORNEY. GENERAL 0) p yp — - — rV p Y ' 1 Carson City, Nevada January 2, 1947 Hon* Robert A. Allen State Highway Engineer Carson City, Nevada Dear Mr. Allen: This will acknowledge receipt of your recent communication containing a letter addressed to you from Mr* Calvin M. Cory, General Attorney for the Union Pacific Railroad Company, and a statement of facts concerning the responsibility for the payment of costs incurred by the removal from the present location of existing telegraph poles in order to carry out the proposed project for widening Main Street in the City of Las Vegas, such project being designated Nevada U—97(6)* After a careful consideration of the facts sub­mitted, we are of the opinion that the utility involved cannot be required to change the location of its existing^ telegraph poles without reimbursement for costs incurred in making the required adjustment in its telegraph lines. The utility has acquired an easement to a right of way by reason of open and notorious, uninterrupted, adverse and exclusive enjoyment of the right since the year 1905* The facts disclose that the Western Union Telegraph Company entered into a contract with the Los Angeles and Salt Lake Railroad Company in the year 1904 for the construction of a telegraph line paralleling the right of way of the rail­road company. The project was carried on simultaneously and completed on January 30, 1905* The railroad company in the same year acquired land on both sides of its tracks. The telegraph line is located within this land on the west side. During the same year the railroad company turned over to the Las Vegas Land and Water Company, a subsidiary wholly owned by the railroad company, all of this land west of the railroad tracks* In May 1905, the Las Vegas Land and Water Company deeded to the Township of La® Vegas a subdivided tract of land on the west side of the railroad for township purposes*