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.