250.115 Trunk line highway; abandonment of part of right of way; easement for public utilities.
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250.115 Trunk line highway; abandonment of part of right of way; easement for public utilities.
Sec. 5.
When the board of county road commissioners or the governing body of the city or village to whose jurisdiction any trunk line highway would return upon relinquishment of jurisdiction by the state, by resolution, indicates that it does not wish to accept jurisdiction of the entire width of the right of way of such trunk line highway, the highway commissioner is hereby authorized and empowered to absolutely discontinue and abandon that part of the width of the right of way not accepted.
Upon the absolute abandonment and discontinuance of any part of the width of the right of way of a state trunk line highway, public utilities shall have the easement and right to maintain, alter or remove all facilities existing in that portion of such highway absolutely discontinued and abandoned, and the highway commissioner shall make note of such easement and right in the order of discontinuance and abandonment. The commissioner shall record the order in the appropriate register of deeds office.
The recording of the order shall constitute the final and absolute abandonment of the portion of the width designated.
History: Add. 1962, Act 62, Eff. Mar. 28, 1963