When highway construction necessitates the adjustment of utility facilities that are presently occupying right of way in which the utility holds a valid property interest, reimbursement may be claimed for 100% of the necessary replacement right of way cost.

Where a utility has an existing installation on private right of way and proposes to request reimbursement for all, or part, of the right of way costs incurred in making the required adjustment, the agreement must be supported by affidavits using , as appropriate, with proper instruments of conveyance, or by a Quitclaim Deed.

In some cases, when

ROW-U-Affidavit (choose an option for Utility Owner

, Disinterested Party, or

Property Owner)

, is submitted, it will be found that the instruments defining the utility owner’s property interest cannot be properly tied to right of way maps or parcels appearing thereon. In these cases, the District will be supplied with information necessary for tying each instrument to current ownerships, as they appear on the right of way map for the project. This may be done by written information or by sketches accompanying the submission. Furnished information must substantiate ownership when properties presently lie within the limits of public right of way, if such location is occupied by other than statutory right. These situations will normally exist when a utility was installed on an easement before acquisition of the original right of way.