§ 15-1733 — Use of land occupied by a public highway

§ 15-1733. Use of land occupied by a public highway.\n 1. Whenever, in order to complete any project as provided by title 17\nof this article, it becomes necessary to use lands occupied by a public\nhighway the licensee shall aply to the Commissioner of Transportation\nfor permission to relocate such highway, the entire expense of such\nrelocation to be borne entirely by the licensee including any damages to\npersons or property which may be caused by or result from such\nrelocation. The new location shall be determined by the Commissioner of\nTransportation and the application of the licensee shall be accompanied\nby funds in an amount sufficient to provide for the cost of a survey,\npreliminary plans and all other expenses of the Commissioner of\nTransportation in determining a suitable relocation.\n 2. The licensee shall provide the necessary land for such relocated\nhighway in accordance with land taking-maps prepared by the Commissioner\nof Transportation. If such relocation is on state land the fee to the\nland covered by the right of way shall remain in the state. If the\nlicensee acquires private property for right of way in the relocation of\na state or a county highway the fee in such right of way shall be deeded\nto the state or to the county in which the same is situated as the case\nmay be. If the licensee acquires private property for right of way in\nthe relocation of a town highway the fee in such right of way shall be\ndeeded to the town or towns in which the same is situated.\n 3. Any such relocation shall be made by the licensee according to\nplans and specifications approved by the Commissioner of Transportation.\n 4. Upon the completion and acceptance of such relocated highway the\noriginal highway for which it is substituted shall be deemed abandoned\nas a public highway and the relocated highway shall thereafter be\nmaintained in the same manner as was the original highway for which it\nwas substituted.\n 5. The highway law shall apply to the relocation of highways as\nprovided in this section so far as applicable thereto and not\ninconsistent with title 17 of this article.\n