Definitions

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60-4-214. Definitions. As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply:

(1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission.

(2) "Abandonment" means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim or use the right-of-way again.

(3) "Contiguous property" means subdivided parcels along one side of the length of the remainder.

(4) "Remainder" means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.

(5) "Subject property" means that portion of highway right-of-way for which abandonment is sought.

History: En. Sec. 2, Ch. 226, L. 2005.


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