28J.27 CHANGE IN LOCATION OF PUBLIC WAY, RAILROAD, OR
UTILITY FACILITY -- VACATION OF HIGHWAY.
1. When a port authority changes the location of any portion of
any public road, railroad, or utility facility in connection with the
construction of a port authority facility, the port authority shall
reconstruct at such location as the governmental agency having
jurisdiction over such road, railroad, or utility facility finds most
favorable. The construction of such road, railroad, or utility
facility shall be of substantially the same type and in as good
condition as the original road, railroad, or utility facility. The
cost of such reconstruction, relocation, or removal and any damage
incurred in changing the location of any such road, railroad, or
utility facility shall be paid by the port authority as a part of the
cost of the port authority facility.
2. When the port authority finds it necessary that a public
highway or portion of a public highway be vacated by reason of the
acquisition or construction of a port authority facility, the port
authority may request the director of the state department of
transportation to vacate such highway or portion in accordance with
chapter 306 if the highway or portion to be vacated is on the state
highway system, or if the highway or portion to be vacated is under
the jurisdiction of a county, the port authority shall petition the
board of supervisors of that county, in the manner provided in
chapter 306, to vacate such highway or portion. The port authority
shall pay to the county, as a part of the cost of such port authority
facility, any amounts required to be deposited with a court in
connection with proceedings for the determination of compensation and
damages and all amounts of compensation and damages finally
determined to be payable as a result of such vacation.
3. The port authority may adopt bylaws for the installation,
construction, maintenance, repair, renewal, relocation, and removal
of railroad or utility facilities in, on, over, or under any port
authority facility. Whenever the port authority determines that it
is necessary that any such facility installed or constructed in, on,
over, or under property of the port authority pursuant to such bylaws
be relocated, the utility company owning or operating such facility
shall relocate or remove them in accordance with the order of the
port authority. The cost and expenses of such relocation or removal,
including the cost of installing such facility in a new location, the
cost of any lands, or any rights or interests in lands, and any other
rights, acquired to accomplish such relocation or removal, shall be
paid by the port authority as a part of the cost of the port
authority facility. In case of any such relocation or removal of
such facilities, the railroad or utility company owning or operating
them, its successors, or assigns may maintain and operate such
facilities, with the necessary appurtenances, in the new location in,
on, over, or under the property of the port authority for as long a
period and upon the same terms as the railroad or utility company had
the right to maintain and operate such facilities in their former
location.
28J.27 CHANGE IN LOCATION OF PUBLIC WAY, RAILROAD, OR
UTILITY FACILITY -- VACATION OF HIGHWAY.
1. When a port authority changes the location of any portion of
any public road, railroad, or utility facility in connection with the
construction of a port authority facility, the port authority shall
reconstruct at such location as the governmental agency having
jurisdiction over such road, railroad, or utility facility finds most
favorable. The construction of such road, railroad, or utility
facility shall be of substantially the same type and in as good
condition as the original road, railroad, or utility facility. The
cost of such reconstruction, relocation, or removal and any damage
incurred in changing the location of any such road, railroad, or
utility facility shall be paid by the port authority as a part of the
cost of the port authority facility.
2. When the port authority finds it necessary that a public
highway or portion of a public highway be vacated by reason of the
acquisition or construction of a port authority facility, the port
authority may request the director of the state department of
transportation to vacate such highway or portion in accordance with
chapter 306 if the highway or portion to be vacated is on the state
highway system, or if the highway or portion to be vacated is under
the jurisdiction of a county, the port authority shall petition the
board of supervisors of that county, in the manner provided in
chapter 306, to vacate such highway or portion. The port authority
shall pay to the county, as a part of the cost of such port authority
facility, any amounts required to be deposited with a court in
connection with proceedings for the determination of compensation and
damages and all amounts of compensation and damages finally
determined to be payable as a result of such vacation.
3. The port authority may adopt bylaws for the installation,
construction, maintenance, repair, renewal, relocation, and removal
of railroad or utility facilities in, on, over, or under any port
authority facility. Whenever the port authority determines that it
is necessary that any such facility installed or constructed in, on,
over, or under property of the port authority pursuant to such bylaws
be relocated, the utility company owning or operating such facility
shall relocate or remove them in accordance with the order of the
port authority. The cost and expenses of such relocation or removal,
including the cost of installing such facility in a new location, the
cost of any lands, or any rights or interests in lands, and any other
rights, acquired to accomplish such relocation or removal, shall be
paid by the port authority as a part of the cost of the port
authority facility. In case of any such relocation or removal of
such facilities, the railroad or utility company owning or operating
them, its successors, or assigns may maintain and operate such
facilities, with the necessary appurtenances, in the new location in,
on, over, or under the property of the port authority for as long a
period and upon the same terms as the railroad or utility company had
the right to maintain and operate such facilities in their former
location.
28J.27 CHANGE IN LOCATION OF PUBLIC WAY, RAILROAD, OR
UTILITY FACILITY -- VACATION OF HIGHWAY.
1. When a port authority changes the location of any portion of
any public road, railroad, or utility facility in connection with the
construction of a port authority facility, the port authority shall
reconstruct at such location as the governmental agency having
jurisdiction over such road, railroad, or utility facility finds most
favorable. The construction of such road, railroad, or utility
facility shall be of substantially the same type and in as good
condition as the original road, railroad, or utility facility. The
cost of such reconstruction, relocation, or removal and any damage
incurred in changing the location of any such road, railroad, or
utility facility shall be paid by the port authority as a part of the
cost of the port authority facility.
2. When the port authority finds it necessary that a public
highway or portion of a public highway be vacated by reason of the
acquisition or construction of a port authority facility, the port
authority may request the director of the state department of
transportation to vacate such highway or portion in accordance with
chapter 306 if the highway or portion to be vacated is on the state
highway system, or if the highway or portion to be vacated is under
the jurisdiction of a county, the port authority shall petition the
board of supervisors of that county, in the manner provided in
chapter 306, to vacate such highway or portion. The port authority
shall pay to the county, as a part of the cost of such port authority
facility, any amounts required to be deposited with a court in
connection with proceedings for the determination of compensation and
damages and all amounts of compensation and damages finally
determined to be payable as a result of such vacation.
3. The port authority may adopt bylaws for the installation,
construction, maintenance, repair, renewal, relocation, and removal
of railroad or utility facilities in, on, over, or under any port
authority facility. Whenever the port authority determines that it
is necessary that any such facility installed or constructed in, on,
over, or under property of the port authority pursuant to such bylaws
be relocated, the utility company owning or operating such facility
shall relocate or remove them in accordance with the order of the
port authority. The cost and expenses of such relocation or removal,
including the cost of installing such facility in a new location, the
cost of any lands, or any rights or interests in lands, and any other
rights, acquired to accomplish such relocation or removal, shall be
paid by the port authority as a part of the cost of the port
authority facility. In case of any such relocation or removal of
such facilities, the railroad or utility company owning or operating
them, its successors, or assigns may maintain and operate such
facilities, with the necessary appurtenances, in the new location in,
on, over, or under the property of the port authority for as long a
period and upon the same terms as the railroad or utility company had
the right to maintain and operate such facilities in their former
location.
