Acquisition of rights of way for interstate system; primary system; secondary system; payment.

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A. In the acquisition of property or property rights deemed necessary by the state transportation commission for construction or reconstruction of the national system of interstate and defense highways, more commonly known as the "federal aid interstate system", the "federal aid primary system" and the "federal aid secondary system", the state transportation commission shall, at its costs, acquire the property or property rights directly, by either donation, agreement, exchange, condemnation or otherwise, without recourse to the county.

B. The secretary is authorized to make full payment directly to the owner or party having an interest in the property or property interests involved, in the manner prescribed by law, or may reimburse the county for the actual costs.

History: 1953 Comp., § 55-2-28.2, enacted by Laws 1963, ch. 249, § 2; 2003, ch. 142, § 51.

ANNOTATIONS

The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194.

39A C.J.S. Highways § 136.


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