[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.111]

[Page 222]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
      Subpart A_Utility Relocations, Adjustments, and Reimbursement
 
Sec.  645.111  Right-of-way.

    (a) Federal participation may be approved for the cost of 
replacement right-of-way provided:
    (1) The utility has the right of occupancy in its existing location 
beause it holds the fee, an easement, or another real property interest, 
the damaging or taking of which is compensable in eminent domain, or the 
acquisition is made in the interest of project economy or is necessary 
to meet the requirements of the highway project, and
    (2) There will be no charge to the project for that portion of the 
utility's existing right-of-way being transferred to the TD for highway 
purposes.
    (b) The utility shall determine and make a written valuation of the 
replacement right-of-way that it acquires in order to justify amounts 
paid for such right-of-way. This written valuation shall be accomplished 
prior to negotiation for acquisition.
    (c) Acquisition of replacement right-of-way by the TD on behalf of a 
utility or acquisition of nonoperating real property from a utility 
shall be in accordance with the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and 
applicable right-of-way procedures in 23 CFR 710.203.
    (d) When the utility has the right-of-occupancy in its existing 
location because it holds the fee, an easement, or another real property 
interest, and it is not necessary by reason of the highway construction 
to adjust or replace the facilities located thereon, the taking of and 
damage to the utility's real property, including the disposal or removal 
of such facilities, may be considered a right-of-way transaction in 
accordance with provisions of the applicable right-of-way procedures in 
23 CFR 710.203.

[50 FR 20345, May 15, 1985, as amended at 64 FR 71289, Dec. 21, 1999]