§ 24-2-102 — General powers; power of eminent domain limited

(a) To construct, maintain and supervise the public
highways of this state, the department of transportation is
authorized to:
(i) Acquire, hold and manage real property in the
name of the transportation commission and to develop, improve,
operate and maintain the same for any necessary public purpose.
Lands acquired for rights-of-way for highways may be up to three
hundred (300) feet wide and greater where extra width is
necessary for:
(A) Deposits of road building materials;
(B) Deposits of waste materials;
(C) Embankments;
(D) Excavations;
(E) Maintenance;
(F) Parking facilities;
(G) Roadside rest areas; and
(H) Scenic roadside areas.
(ii) Sell, exchange, abandon, relinquish or otherwise
dispose of real property including land, water and improvements
for any necessary purpose in accordance with rules and
regulations promulgated by the transportation commission,
provided that disposition of water rights shall be in accordance
with law.
(b) The commission shall not acquire property by eminent
domain except for highway rights-of-way as specified by
subparagraphs (a)(i)(A) through (F) of this section and only if
the property for those purposes is immediately adjacent to the
highway right-of-way.