28-7000. Contracts; exceptions
A. Notwithstanding section 28-6999, the department may enter into:
1. Construction contracts the performance of which may extend beyond the close of
the fiscal year.
2. Contracts or agreements for the purpose of right-of-way acquisitions that may
obligate state monies for payment up to ten years before the estimated completion date of
construction.
3. Contracts or agreements for the purpose of compensating a utility for damages to
the utility's facilities if the damages result from an increase in the cost of
maintenance, repair or replacement of the facilities due to changes in the configuration
or location of the utility's facilities that are required to accommodate a transportation
facility. This paragraph applies to any contract or agreement in effect on August 9,
2001. For the purposes of this paragraph, "utility" includes the owner of the utility
facilities and any person other than the owner who is responsible for the cost of
maintenance, repair or replacement of the facilities.
B. Notwithstanding subsection A, paragraph 2 of this section, the department may
purchase rights-of-way for projects identified in the long-range statewide transportation
plan pursuant to sections 28-307 and 28-506.
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