CHAPTER 199

(SB 44)

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:

     Section  1.  That chapter 31-26 be amended by adding thereto a NEW SECTION to read as follows:

     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 project.

     Signed February 26, 2004.
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