§ 1605. Eligibility
(a) Adjustment of utility facilities may be eligible for reimbursement under this chapter when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project's need to address environmental considerations, nondiscriminating local ordinances, safety considerations, or other requirements found to be applicable by the agency of transportation. Before finding adjustment of utility facilities to be eligible for reimbursement under this chapter, the secretary shall make a determination that options other than placing the utilities underground have been considered. Alternative aerial relocation may be eligible for reimbursement in accordance with section 1606 of this title.
(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:
(1) relocation is required by construction or reconstruction of limited access facilities; or
(2) affected utility facilities are located on private property and the utility holds a fee or nonterminable easement in its existing location; or
(3) affected municipal utility facilities are located within municipal highway rights-of-way. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 1995, No. 183 (Adj. Sess.), § 18e, eff. May 22, 1996.)