§ 48:1097 — Roads and grade separations; vacation and relocation of highways; surveys; public utility facilities

The authority shall have power to construct roads, grade separations at intersections of any bridge or ferry with public highways and so to change and adjust the lines and grades of the public highways so as to accommodate the same to the design of such grade separation. The cost of such grade separation and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the authority as part of the cost of such bridge or ferry.
If the authority shall find it necessary to change the location or any portion of any public highway in the parishes constituting the authority, it shall cause the same to be reconstructed at such location as the authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any highway shall be ascertained and paid by the authority as part of the cost of such bridge or ferry.
Any public highway affected by the construction of any bridge or ferry hereunder may be vacated or relocated by the authority in the manner now provided by law for the location or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of such bridge or ferry.
In addition to the foregoing powers the authority and its authorized agents and employees may enter into any lands, waters and premises in the parishes constituting the authority for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Part, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may then be pending. The authority may make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
The authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "public utility facilities") of any public utility in, on, along, over or under any bridge over which it has jurisdiction. Whenever the authority shall determine that it is necessary that any such public utility facilities which now are or hereafter may be, located in, on, along, over or under any such bridge shall be relocated in connection with such bridge, or should be removed from the site of such bridge, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority; provided, however, that the cost and expense of such relocation or removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the authority as a part of the cost of such bridge. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, or its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.

Legislative History

Acts 1958, No. 526, §7.