§ 37-6-26 Acquisition of land for utilityor railroad relocation necessitated by highway construction or improvement.– (a) Whenever, in connection with the laying out, widening, relocating,improving, constructing, or altering of a highway by the department oftransportation, land, an easement, or other interest therein owned by a publicutility or railroad company, is acquired by the director of transportationunder the provisions of this chapter, thereby necessitating the relocation ofthe facilities of the company, the director of transportation, subject to theprovisions of this chapter, may acquire by purchase or may take by condemnationsuch land or easements therein as may be necessary for the relocation orreplacement of the public utility or railroad facilities and convey the land oreasements to the public utility or railroad company. The conveyance shall be inlieu of any damages for the value of the land, easements, or other intereststherein of the company so taken by the director of transportation, notincluding, however, any damages for the cost of the relocation for which thestate may be liable.
(b) For the purposes of this section, the term "publicutility" shall embrace the definition therefor contained within § 39-1-2and, in addition, shall include any public water works or water service ownedor furnished by any municipal or quasi-municipal corporation or authority.
§ 37-6-26 Acquisition of land for utilityor railroad relocation necessitated by highway construction or improvement.– (a) Whenever, in connection with the laying out, widening, relocating,improving, constructing, or altering of a highway by the department oftransportation, land, an easement, or other interest therein owned by a publicutility or railroad company, is acquired by the director of transportationunder the provisions of this chapter, thereby necessitating the relocation ofthe facilities of the company, the director of transportation, subject to theprovisions of this chapter, may acquire by purchase or may take by condemnationsuch land or easements therein as may be necessary for the relocation orreplacement of the public utility or railroad facilities and convey the land oreasements to the public utility or railroad company. The conveyance shall be inlieu of any damages for the value of the land, easements, or other intereststherein of the company so taken by the director of transportation, notincluding, however, any damages for the cost of the relocation for which thestate may be liable.
(b) For the purposes of this section, the term "publicutility" shall embrace the definition therefor contained within § 39-1-2and, in addition, shall include any public water works or water service ownedor furnished by any municipal or quasi-municipal corporation or authority.
§ 37-6-26 Acquisition of land for utilityor railroad relocation necessitated by highway construction or improvement.– (a) Whenever, in connection with the laying out, widening, relocating,improving, constructing, or altering of a highway by the department oftransportation, land, an easement, or other interest therein owned by a publicutility or railroad company, is acquired by the director of transportationunder the provisions of this chapter, thereby necessitating the relocation ofthe facilities of the company, the director of transportation, subject to theprovisions of this chapter, may acquire by purchase or may take by condemnationsuch land or easements therein as may be necessary for the relocation orreplacement of the public utility or railroad facilities and convey the land oreasements to the public utility or railroad company. The conveyance shall be inlieu of any damages for the value of the land, easements, or other intereststherein of the company so taken by the director of transportation, notincluding, however, any damages for the cost of the relocation for which thestate may be liable.
(b) For the purposes of this section, the term "publicutility" shall embrace the definition therefor contained within § 39-1-2and, in addition, shall include any public water works or water service ownedor furnished by any municipal or quasi-municipal corporation or authority.
