37-461

37-461. Grants of rights-of-way and sites for
public uses

A. The department may grant rights-of-way for any purpose it deems necessary, and
sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over
state lands, subject to terms and conditions the department imposes. The department may
make rules respecting the granting and maintenance of such rights-of-way and sites.

B. The department may grant rights-of-way for transportation purposes to federal
agencies, state agencies or political subdivisions of this state for nonexclusive uses
for a term exceeding ten years without a public auction. If a grant of a right-of-way or
site to any other entity amounts to the disposition of or conveys a perpetual right to
use the surface of the land, the department shall grant the right-of-way or site at
public auction to the highest and best bidder.

C. The department may grant rights-of-way to any person for nonexclusive uses for a
term of not more than fifty years without a public auction.