§ 54-22-103 — Relocation of below-ground utilities and encroachments

(a) (1) The state shall be responsible for the necessary removal of any below-ground utilities located entirely on the presumptive right-of-way and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired. (2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other below-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily. (b) (1) Those parts of any below-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove and relocate the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation. (2) Those parts of other below-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal.

Legislative History

Acts 1985, ch. 265, §§ 4, 5.