§ 136‑44.7.  Secondary roads; right‑of‑way acquisition.

(a), (b) Repealed by Session Laws 2013‑183, s. 2.7, effective July 1, 2013.

(c) When it is necessary for the Department of Transportation to acquire a right‑of‑way in order to pave a secondary road or undertake a maintenance project, the Department shall negotiate the acquisition of the right‑of‑way for a period of up to six months. At the end of that period, if one or more property owners have not dedicated the necessary right‑of‑way and at least seventy‑five percent (75%) of the property owners adjacent to the project and the owners of the majority of the road frontage adjacent to the project have dedicated the necessary property for the right‑of‑way and have provided funds required by Department rule to the Department to cover the costs of condemning the remaining property, the Department shall initiate condemnation proceedings pursuant to Article 9 of this Chapter to acquire the remaining property necessary for the project.

(d) The Division Engineer is authorized to reduce the width of a right‑of‑way to less than 60 feet to pave an unpaved secondary road with the allocated funds, provided that in all circumstances the safety of the public is not compromised and the minimum accepted design practice is satisfied. (1973, c. 507, s. 3; 1975, c. 716, s. 7; 1977, c. 464, s. 8; 1989, c. 692, s. 1.9; 1991 (Reg. Sess., 1992), c. 900, s. 99; 2001‑501, s. 2; 2002‑86, s. 1; 2013‑183, s. 2.7.)