§ 28-7000 — Contracts; exceptions

A. Notwithstanding section 28-6999, the department may enter into:

1. Construction contracts the performance of which may extend beyond the close of the fiscal year.

2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment up to ten years before the estimated completion date of construction.

3. Contracts or agreements for the purpose of compensating a utility for damages to the utility's facilities if the damages result from an increase in the cost of maintenance, repair or replacement of the facilities due to changes in the configuration or location of the utility's facilities that are required to accommodate a transportation facility. This paragraph applies to any contract or agreement in effect on August 9, 2001. For the purposes of this paragraph, "utility" includes the owner of the utility facilities and any person other than the owner who is responsible for the cost of maintenance, repair or replacement of the facilities.

B. Notwithstanding subsection A, paragraph 2 of this section, the department may purchase rights-of-way for projects identified in the long-range statewide transportation plan pursuant to sections 28-307 and 28-506.