applicable documents and krs statutes fhwa utility relocation and accommodation guidelines krs...

UTILITY EASEMENT ACQUISITIONS

Utility Easement Acquisitions

Applicable Documents and KRS Statutes

FHWA Utility Relocation and Accommodation Guidelines

KRS 416.360 23CFR 645.107 23CFR 645.111 23CFR 645.209 (a) Uniform Act (1970) KRS 82.110 KRS 177.035 and KRS 179.265


FHWA Utility Relocation and Accommodation Guidelines

Relocation concept presented in definitions is that a utilities facility and service capabilities should be restored in "whole".

Refers to Utility definitions as contained in CFR 645.103

Refers to Uniform Act (Right-of Way) discusses replacement ROW for utility facilities being relocated


KRS 416.360Acquisition of real property necessary to locate or relocate public utility facilities by public agency with power of eminent domain for public improvement projects.

1) Any public agency which has the right to exercise the power of eminent domain for street, road, highway or other public improvement projects may acquire in its own name, by condemnation or otherwise, any real property necessary to locate or relocate any public utility facilities as required for the construction, reconstruction, rehabilitation or maintenance for this acquisition. The public agency and the affected public utility shall first enter into an agreement for the acquisition. The agreement shall include relevant terms and conditions of the acquisition, including a description of the real property to be acquired. Notwithstanding any other provisions of law, a public agency which acquires any real property for public facilities pursuant to this section shall, pursuant to the terms of the agreement, convey to the affected utility any real property so acquired.


23 CFR 645.107

Eligibility - Federal funds may participate in relocations necessitated by construction if:

The State DOT certifies the Utility has right of occupancy in its existing location, an easement or other real property interest the damaging of which is compensable under imminent domain.

The State DOT certifies it has made payment for publicly or privately owned land in conformance of provisions of 23 U.S.C. 123


23 CFR 645.111

(a) Eligibility - Federal funds may participate in cost of replacement right-of-way provided:

(a)(1)Utility has right of occupancy in its existing location because it holds the fee, an easement or another real property interest the damaging of which is compensable under imminent domain.

(a)(2)(c) Acquisition of replacement right of way by the State DOT on behalf of a utility or acquisition of non-operating property from a utility shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable right of way procedures in 23 CFR 710.203.


23 CFR 645.209 General Requirements

(a) Safety - The lack of sufficient right of way width to

accommodate utilities outside the desirable clear zone, in and of itself, is not a valid reason to preclude utilities from occupying the right of way.

The possibility of joint use should be a consideration in establishing right of way requirements


Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

Either a State or a utility may purchase replacement right-of-way for utility relocations.

If a State or political subdivision of a State acquires replacement right-of-way, the requirements of the Uniform Act apply.


KRS 82.110 Acquisition of land for governmental projects -- Improvement.

(1) A city may acquire by purchase, exercise of the power of eminent domain, option or lease, and may accept by way of grant, gift, devise or otherwise, a fee simple unencumbered title to, or any lesser interest in, lands which are suitable for and acceptable to a governmental agency as a site or sites for one or more governmental projects.

(2) In addition to such acquisition, a city may improve such lands in any manner which in the discretion of the governing body may be necessary or desirable to place the same in condition suitable and acceptable for use and occupancy, including, but not by way of limitation, demolition of existing buildings or structures, removal of debris, grading, provision of proper drainage, closure of public ways, establishment and improvement of new public ways, relocation and improvement of existing public ways, relocation of publicly or privately owned utility installations, erection of buildings, structures and other improvements, and extension of the services and facilities of any city-owned utility system to any such site or sites.


KRS 177.035 Cost of relocation of publicly and privately owned utility equipment and appliances to be borne by department -- Conditions.

(1) If the department determines that it is necessary for any fireplugs, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, belonging to any municipality or a municipally owned utility, or any water district established pursuant to KRS Chapter 74, any water association established pursuant to KRS Chapter 273, any local school district, or any sanitation district established pursuant to KRS Chapter 220, to be removed or relocated on, along, over, or under a highway, in order to construct, reconstruct, relocate, or improve any highway, the municipality, municipally owned utility, water district, local school district, or the sanitation district shall relocate or remove them in accordance with the order of the department. The costs and expenses of relocation or removal required by this section, including the costs of installing facilities in a new location, and the cost of any lands, or any rights or interest in lands, and any other rights, acquired to accomplish the relocation or removal, shall be ascertained and paid by the department as a part of the cost of improving or constructing highways.

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