§ 136-19.5. Utility right-of-way agreements. - North Carolina Statutes

§ 136‑19.5.  Utilityright‑of‑way agreements.

(a)        Before theDepartment of Transportation acquires or proposes to acquire additional rights‑of‑wayfor the purpose of accommodating the installation of utilities as authorized byG.S. 136‑18 and G.S. 136‑19, there shall first be voluntaryagreements with the appropriate utilities regarding the acquisition and use ofthe particular right‑of‑way and requiring the payment to theDepartment of Transportation for or recapture of all of its costs associatedwith that acquisition, including the use of funds allocated to suchacquisition. Such agreements may take into account the fact that more than oneutility can make use of the right‑of‑way. No such agreement shallconstitute a sale of the right‑of‑way and all such rights‑of‑wayshall remain under the control of the Department of Transportation.

(b)        A prior agreementbetween the Department of Transportation and the affected utilities may beentered into but is not required when the acquisition of right‑of‑wayis for the purpose of relocation of utilities due to construction,reconstruction, or rehabilitation of a State transportation project. TheDepartment of Transportation shall notify the affected utility whose facilitiesare being relocated and the affected utility may choose not to participate inthe proposed plan for right‑of‑way acquisition. The decision not toparticipate in the proposed plan of right‑of‑way acquisition shallnot affect any other rights the utility may have as a result of the relocationof its lines or pipelines.

(c)        Whenever theDepartment of Transportation requires the relocation of utilities located in aright‑of‑way for which the utility owner contributed to the cost ofacquisition, the Department of Transportation shall reimburse the utility ownerfor the cost of moving those utilities.

(d)        Any additionalright‑of‑way obtained pursuant to this section which is part of arailroad right‑of‑way shall be returned to the railroad or itssuccessor in interest when the Department of Transportation and the affectedutilities agree that the additional right‑of‑way is no longeruseful for utility purposes and the Department of Transportation determinesthat it is no longer useful for transportation purposes.  (1989 (Reg. Sess., 1990), c.962, s. 3; 2009‑266, s. 9.)