68-2005.Same; incidental powers.The authority shall have power to construct grade separations atintersections of any turnpike project with public highways and to changeand adjust the lines and grades of such highways so as to accommodatethe same to the design of such grade separation. The cost of such gradeseparations and any damage incurred in changing and adjusting the linesand grades of such highways shall be ascertained and paid by theauthority as a part of the cost of such turnpike project.
If the authority shall find it necessary to change the location ofany portion of any public highway, it shall cause the same to bereconstructed at such location as the authority shall deem mostfavorable and of substantially the same type and in as good condition asthe original highway. The cost of such reconstruction and any damageincurred in changing the location of any such highway shall beascertained and paid by the authority as a part of the cost of suchturnpike project: Provided, The authority shall not change thelocation of any portion of a public highway which is a part of the statehighway system without the approval of the secretary of transportation.
Any public highway affected by the construction of any turnpikeproject may be vacated or relocated by the authority in the manner nowprovided by law for the vacation or relocation of public roads, and anydamages awarded on account thereof shall be paid by the authority as apart of the cost of such project.
In addition to the foregoing powers the authority and its authorizedagents and employees may enter upon any lands, waters and premises inthe state for the purpose of making surveys, soundings, drillings andexaminations as they may deem necessary or convenient for the purposesof this act, and such entry shall not be deemed a trespass, nor shall anentry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The authority shall makereimbursement for any actual damage resulting to such lands, waters andpremises as a result of such activities.
The authority shall also have power to make reasonable regulationsfor the installation, construction, maintenance, repair, renewal,relocation and removal of tracks, pipes, mains, conduits, cables, wires,towers, poles and other equipment and appliances (herein called"transmission facilities") of any public utility, pipeline company orpipeline operator in, on, along, over or under any turnpike project.Whenever the authority shall determine that it is necessary that anysuch transmission facilities which now are, or hereafter may be, locatedin, on, along, over or under any turnpike project, should be relocatedin such turnpike project, or should be removed from such turnpikeproject, the owner or operator of such facilities shall relocate orremove the same in accordance with the order of the authority:Provided, however, That the cost and expenses of such relocation orremoval, including the cost of installing such facilities in a newlocation or new locations, and the cost of any lands, or any rights orinterests in lands, and any other rights, acquired to accomplish suchrelocation or removal, shall be ascertained and paid by the authority asa part of the cost of such turnpike project. In case of any suchrelocation or removal of facilities, the owner or operator of the same,their successors or assigns, may maintain and operate such facilities,with the necessary appurtenances, in the new location or new locations,for as long a period, and upon the same terms and conditions, as theyhad the right to maintain and operate such facilities in their formerlocation or locations. The authority shall also have power to enter intocontracts with any landowners for the construction and maintenance ofunderpasses and bridges under and across any turnpike project runningacross or through such landowner's land.
The state hereby consents to the use of all lands owned by it,including lands lying under water, which are deemed by the authority tobe necessary for the construction or operation of any turnpike project.
History: L. 1953, ch. 308, § 5; L. 1975, ch. 427, §171; Aug. 15.
68-2005.Same; incidental powers.The authority shall have power to construct grade separations atintersections of any turnpike project with public highways and to changeand adjust the lines and grades of such highways so as to accommodatethe same to the design of such grade separation. The cost of such gradeseparations and any damage incurred in changing and adjusting the linesand grades of such highways shall be ascertained and paid by theauthority as a part of the cost of such turnpike project.
If the authority shall find it necessary to change the location ofany portion of any public highway, it shall cause the same to bereconstructed at such location as the authority shall deem mostfavorable and of substantially the same type and in as good condition asthe original highway. The cost of such reconstruction and any damageincurred in changing the location of any such highway shall beascertained and paid by the authority as a part of the cost of suchturnpike project: Provided, The authority shall not change thelocation of any portion of a public highway which is a part of the statehighway system without the approval of the secretary of transportation.
Any public highway affected by the construction of any turnpikeproject may be vacated or relocated by the authority in the manner nowprovided by law for the vacation or relocation of public roads, and anydamages awarded on account thereof shall be paid by the authority as apart of the cost of such project.
In addition to the foregoing powers the authority and its authorizedagents and employees may enter upon any lands, waters and premises inthe state for the purpose of making surveys, soundings, drillings andexaminations as they may deem necessary or convenient for the purposesof this act, and such entry shall not be deemed a trespass, nor shall anentry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The authority shall makereimbursement for any actual damage resulting to such lands, waters andpremises as a result of such activities.
The authority shall also have power to make reasonable regulationsfor the installation, construction, maintenance, repair, renewal,relocation and removal of tracks, pipes, mains, conduits, cables, wires,towers, poles and other equipment and appliances (herein called"transmission facilities") of any public utility, pipeline company orpipeline operator in, on, along, over or under any turnpike project.Whenever the authority shall determine that it is necessary that anysuch transmission facilities which now are, or hereafter may be, locatedin, on, along, over or under any turnpike project, should be relocatedin such turnpike project, or should be removed from such turnpikeproject, the owner or operator of such facilities shall relocate orremove the same in accordance with the order of the authority:Provided, however, That the cost and expenses of such relocation orremoval, including the cost of installing such facilities in a newlocation or new locations, and the cost of any lands, or any rights orinterests in lands, and any other rights, acquired to accomplish suchrelocation or removal, shall be ascertained and paid by the authority asa part of the cost of such turnpike project. In case of any suchrelocation or removal of facilities, the owner or operator of the same,their successors or assigns, may maintain and operate such facilities,with the necessary appurtenances, in the new location or new locations,for as long a period, and upon the same terms and conditions, as theyhad the right to maintain and operate such facilities in their formerlocation or locations. The authority shall also have power to enter intocontracts with any landowners for the construction and maintenance ofunderpasses and bridges under and across any turnpike project runningacross or through such landowner's land.
The state hereby consents to the use of all lands owned by it,including lands lying under water, which are deemed by the authority tobe necessary for the construction or operation of any turnpike project.
History: L. 1953, ch. 308, § 5; L. 1975, ch. 427, §171; Aug. 15.
68-2005.Same; incidental powers.The authority shall have power to construct grade separations atintersections of any turnpike project with public highways and to changeand adjust the lines and grades of such highways so as to accommodatethe same to the design of such grade separation. The cost of such gradeseparations and any damage incurred in changing and adjusting the linesand grades of such highways shall be ascertained and paid by theauthority as a part of the cost of such turnpike project.
If the authority shall find it necessary to change the location ofany portion of any public highway, it shall cause the same to bereconstructed at such location as the authority shall deem mostfavorable and of substantially the same type and in as good condition asthe original highway. The cost of such reconstruction and any damageincurred in changing the location of any such highway shall beascertained and paid by the authority as a part of the cost of suchturnpike project: Provided, The authority shall not change thelocation of any portion of a public highway which is a part of the statehighway system without the approval of the secretary of transportation.
Any public highway affected by the construction of any turnpikeproject may be vacated or relocated by the authority in the manner nowprovided by law for the vacation or relocation of public roads, and anydamages awarded on account thereof shall be paid by the authority as apart of the cost of such project.
In addition to the foregoing powers the authority and its authorizedagents and employees may enter upon any lands, waters and premises inthe state for the purpose of making surveys, soundings, drillings andexaminations as they may deem necessary or convenient for the purposesof this act, and such entry shall not be deemed a trespass, nor shall anentry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The authority shall makereimbursement for any actual damage resulting to such lands, waters andpremises as a result of such activities.
The authority shall also have power to make reasonable regulationsfor the installation, construction, maintenance, repair, renewal,relocation and removal of tracks, pipes, mains, conduits, cables, wires,towers, poles and other equipment and appliances (herein called"transmission facilities") of any public utility, pipeline company orpipeline operator in, on, along, over or under any turnpike project.Whenever the authority shall determine that it is necessary that anysuch transmission facilities which now are, or hereafter may be, locatedin, on, along, over or under any turnpike project, should be relocatedin such turnpike project, or should be removed from such turnpikeproject, the owner or operator of such facilities shall relocate orremove the same in accordance with the order of the authority:Provided, however, That the cost and expenses of such relocation orremoval, including the cost of installing such facilities in a newlocation or new locations, and the cost of any lands, or any rights orinterests in lands, and any other rights, acquired to accomplish suchrelocation or removal, shall be ascertained and paid by the authority asa part of the cost of such turnpike project. In case of any suchrelocation or removal of facilities, the owner or operator of the same,their successors or assigns, may maintain and operate such facilities,with the necessary appurtenances, in the new location or new locations,for as long a period, and upon the same terms and conditions, as theyhad the right to maintain and operate such facilities in their formerlocation or locations. The authority shall also have power to enter intocontracts with any landowners for the construction and maintenance ofunderpasses and bridges under and across any turnpike project runningacross or through such landowner's land.
The state hereby consents to the use of all lands owned by it,including lands lying under water, which are deemed by the authority tobe necessary for the construction or operation of any turnpike project.
History: L. 1953, ch. 308, § 5; L. 1975, ch. 427, §171; Aug. 15.
