24-01-41.2. Relocation of utility facilities - Political subdivision roads.
426 words·~2 min read·
/nd/title-24/chapter-24-01-state-highway-system/24-01-41-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Whenever a political subdivision determines and orders that any utility facility that is or
may be located in, over, along, or under a road right of way under its authority,
qualifying for federal aid, should be changed, removed, or relocated to accommodate
the construction of a project, the utility owning or operating the facility shall change,
relocate, or remove the utility facility in accordance with the order of the political
subdivision; provided that the costs of the change, relocation, or removal, including the
cost of installing the facilities in a new location, must be ascertained and paid to the
affected utility by the political subdivision as part of the cost of the federally aided
project unless the payment would violate a legal contract between the utility and the
political subdivision or where the roadway existed before the utility facility.
2. As used in this section:
a. "Cost of change, relocation, or removal" includes the entire cost incurred by such
utility properly attributable to such change, relocation, or removal after deducting
therefrom any increase in the value of the new facility and any salvage value
derived from the old facility.
b. "Political subdivision" includes a county, city and county, city, home rule city,
service authority, school district, local improvement district, law enforcement
authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or
other special district, or any other municipal, quasi-municipal, or public
organization.
c. "Utility" includes all cooperatively, municipally, publicly, or privately owned utilities
for supplying water, sewer, light, gas, power, telegraph, telephone, transit,
pipeline, or like service to the public.
3. The political subdivision, in cooperation with utilities, shall develop or adopt
procedures for administration of utility facility relocation. The procedures must comply
with federal law. At a minimum, the procedures must address notification, coordination,
billing, and payment. The political subdivision shall coordinate with utilities that are
affected by the construction project as early as possible in the project development
process.
4. The political subdivision shall coordinate utility facility relocations with the affected
utility in an effort to minimize costs associated with utility facility relocations.
5. When a utility facility needs to be relocated, the political subdivision shall enter an
agreement with the utility indicating if the utility facility relocation work is eligible for
reimbursement, the estimated cost for the work, the anticipated construction schedule,
and the location of the work.
6. This section does not affect in any way the right of any utility to receive just
compensation for the expense of changing, removing, or relocating its facilities located
in a private right of way.