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



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



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



(1)  The total cost shall first be determined.



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



(A)  Depreciation, except that this shall not
be applicable to publicly owned utility facilities, and the salvage value of
any materials or parts salvageable and retained by the utility;



(B)  The amount of any betterment to the
utility facility resulting from the removal, relocation, replacement, or
reconstruction;



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



(D)  The balance of the cost, in the case of a
privately owned utility facility only, shall be paid one-half by the owner
thereof, and the remaining one-half shall be the amount payable out of state or
county 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.