§ 24-8.1-2. Relocation of utility facilities necessitated by highway construction.
Notwithstanding any provision of law or of any charter or statute, general or special,
to the contrary, whenever state-initiated relocation of utility facilities in the
state, owned by private corporations, private companies, municipalities, political
subdivisions, authorities, or agencies of the state, whether within or without the
limits of public ways, shall become necessary in connection with a highway project
on the federal aid primary or secondary systems or on the national system of interstate
and defense highways, including extensions thereof, for which the st
Free access — add to your briefcase to read the full text and ask questions with AI
§ 24-8.1-2. Relocation of utility facilities necessitated by highway construction.
Notwithstanding any provision of law or of any charter or statute, general or special,
to the contrary, whenever state-initiated relocation of utility facilities in the
state, owned by private corporations, private companies, municipalities, political
subdivisions, authorities, or agencies of the state, whether within or without the
limits of public ways, shall become necessary in connection with a highway project
on the federal aid primary or secondary systems or on the national system of interstate
and defense highways, including extensions thereof, for which the state shall be entitled
under any law of the United States to reimbursement from federal funds for any portion
of the cost of the project, then the state may order the relocation of the utility
facilities, and the private corporation, private company, municipality, political
subdivision, agencies of the state, or authority owning or operating the facilities
shall promptly relocate the facilities in accordance with the order and the state
shall reimburse the owner of the utility or utility facility for the cost of relocation
subject to the following limitations and in accordance with the following formula:
for any utility facility that is to be reimbursed federally, in whole or in part,
and for any utility facility that does not qualify for federal reimbursement, the
division shall reimburse the owner fifty percent (50%) of the costs of relocating
the utility facility; in no case shall a utility be reimbursed for any type of betterment;
reimbursement is for relocation costs only; the state shall pay the cost of the relocation
to the utility as part of the cost of the federally aided highway project. A utility
relocation shall be eligible for reimbursement pursuant to this section only if it
is completed to the satisfaction of the state within target dates established by the
state and in accordance with design criteria set forth by the state for the relocation
in a manner that facilitates the timely completion of the affected project. The state
shall pay a reasonable amount to private corporations and private companies for the
relocation of utilities commencing with highway projects that are authorized for construction
after March 1, 1976.