Highway right-of-way use by utilities,
agreements for relocation allowed.
ENTITLED, An Act to
authorize agreements for utilization of highway rights-of-way by utilities
and to provide for utility relocation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended by adding thereto a NEW SECTION to read as
Notwithstanding the provisions of
31-26-23, the Department of Transportation may enter into
agreements with the owners of utility lines and facilities providing for the future relocation, at the
department's expense, of utility lines and facilities located within any highway right-of-way.
However, the department may enter into such agreements only if existing utility lines or facilities
on private property will be located within the right-of-way as the result of a highway construction
Signed February 26, 2004.