Right of Way
Right of way costs for replacement or damages should be in accordance with the utility’s normal methods.
- Definitions:
- “Right of way costs” are defined as those instances where there is an interest in land acquired.
- “Replacement right of way” may be defined as the land and interests in land acquired outside existing highway right of way for or by the utility. These costs may include salaries and expenses of utility employees engaged in the valuation of and negotiation for right of way, amounts paid to independent fee appraisers for appraisal of the right of way, recording costs, deed fees and similar costs normally paid that are incidental to land acquisition. These costs must never be lumped together, but should be broken down as separate line items in the estimate with estimated quantities and units.
A valuation of the replacement right of way must be conducted before the initiation of negotiations.
Payment of property damages necessary for a utility adjustment is reimbursable when properly documented. Losses to improvements such as crops, timber, fences, and gates caused by utility construction will be considered as damages and properly chargeable by the utility as a construction or adjustment expense. No reimbursement is permitted for damages caused by negligence on the part of the utility or its employees.
An affidavit and existing record documentation affirming a utility’s property interest at the present facility location needs to be submitted to the District. Upon completion of the utility adjustment, the utility’s prior property interest will be quitclaimed to the State.