§ 169.202. Under what circumstances will a grant of right-of-way be renewed?
237 words·~1 min read·
/us/cfr/t25/s§ 169.202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A renewal is an extension of term of an existing right-of-way without any other change.
(a)The grantee may request a renewal of an existing right-of-way grant and we will renew the grant as long as:
(1)The initial term and renewal terms, together, do not exceed the maximum term determined to be reasonable under § 169.201;
(2)The existing right-of-way grant explicitly allows for automatic renewal or an option to renew and specifies compensation owed to the landowners upon renewal or how compensation will be determined;
(3)The grantee provides us with a signed affidavit that there is no change in size, type, or location, of the right-of-way;
(4)The initial term has not yet ended;
(5)No uncured violation exists regarding the regulations in this part or the grant's conditions or restrictions; and
(6)The grantee provides confirmation that landowner consent has been obtained, or if consent is not required because the original right-of-way grant explicitly allows for renewal without the owners' consent, the grantee provides notice to the landowners of the renewal.
(b)We will record any renewal of a right-of-way grant in the LTRO.
(c)If the proposed renewal involves any change to the original grant or the original grant was silent as to renewals, the grantee must reapply for a new right-of-way, in accordance with § 169.101, and we will handle the application for renewal as an original application for a right-of-way.