§264-33  Relocation of utilityfacilities.  (a)  Whenever, as the result of the work of construction,reconstruction, or maintenance of any state highway or state or countyfederal-aid highway, it is necessary to provide for or require the removal,relocation, replacement, or reconstruction of any utility facility, and theexpense of removal, relocation, replacement, or reconstruction exceeds $10,000,one-half of this excess expense shall be a proper charge against the state orcounty funds available for the construction or maintenance of state or countyhighways; provided that all of the expense of removal, relocation, replacement,or reconstruction of publicly owned utility facilities shall be a chargeagainst the state or county funds.

(b)  The work of the removal, relocation,replacement, or reconstruction may be performed in the following manner,subject to the following conditions:

(1)  The work shall be performed in accordance withstandards of construction currently used by the utility; and

(2)  Such work may be performed by contract asprovided in chapter 103D; or after first calling for bids under that chapter,the director of transportation or other officer having power to award suchcontract, may contract with the public utility owning the utility facility tohave the work performed by it, with the use of its own employees and equipmentat not to exceed actual cost or in the amount of the lowest responsible bid (ifsuch bids have been submitted), whichever is the lowest amount, with theadjustments hereinafter provided for.

(c)  The amount to be paid out of state orcounty funds shall be computed as follows:

(1)  The total cost shall first be determined.

(2)  From the total cost there shall be deducted thefollowing items:

(A)  Depreciation, except that this shall notbe applicable to publicly owned utility facilities, and the salvage value ofany materials or parts salvageable and retained by the utility;

(B)  The amount of any betterment to theutility facility resulting from the removal, relocation, replacement, orreconstruction;

(C)  In the case of a privately owned utilityfacility only, the first $10,000 of the expense of such work;

(D)  The balance of the cost, in the case of aprivately owned utility facility only, shall be paid one-half by the ownerthereof, and the remaining one-half shall be the amount payable out of state orcounty funds. [L 1953, c 227, §2; RL 1955, §111-20; am L Sp 1959 2d, c 1, §26;HRS §264-33; am L 1981, c 42, §1; am L Sp 1993, c 8, §21]

 

Attorney General Opinions

 

  Section applies to temporary relocations.  Att. Gen. Op.62-8.

  Section does not apply to city and county street.  Att. Gen.Op. 63-46.