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Title:

LIABILITY FOR COST OF RELOCATING UTILITIES DUE TO HIGHWAY IMPROVEMENTS

Accession Number:

00238733

Record Type:

Component

Abstract:

THE MATTER OF RELOCATING UTILITIES AND WHAT COSTS SHOULD BE REIMBURSED ARE DISCUSSED. A BRIEF OUTLINE OF FLORIDA LAW ON PAYMENT OF RELOCATION COSTS FOR UTILITIES IS PRESENTED. NO REIMBURSEMENT IS GIVEN FOR PUBLIC UTILITIES LOCATED WITHIN EXISTING PRIMARY, SECONDARY, COUNTY, PARK, OR LESSER STATE-OWNED RIGHTS-OF-WAY. FULL REIMBURSEMENT IS GIVEN FOR RELOCATION OF UTILITIES ON INTERSTATE SYSTEM HIGHWAY RIGHT-OF-WAY, EXCEPT TO THE EXTENT THE INTERSTATE SYSTEM INTERSECTS EXISTING RIGHT-OF-WAY. THERE ARE TWO EXISTENT EXPRESSWAY AUTHORITIES, ONE OF WHICH HAS A LAW REQUIRING REIMBURSEMENT FOR RELOCATION OF UTILITIES, AND THE OTHER MAKES NO PROVISION WHATEVER FOR REIMBURSEMENT ON THE EXPRESSWAY. THE LARGEST AMOUNT OF PUBLIC UTILITIES ARE LOCATED BY PERMIT ON THE STATE-OWNED RIGHTS-OF-WAY. WHERE A UTILITY IS ON PRIVATE PROPERTY, IT IS NORMALLY SUBJECT TO CONDEMNATION. IT IS NORMALLY ADVISABLE IN FLORIDA, AND PROBABLY IN MOST OTHER STATES, TO SEEK TO NEGOTIATE THESE MATTERS. THE TECHNIQUES OF NEGOTIATION ARE DISCUSSED. QUESTIONS RELATING TO THE CONSTITUTIONALITY OF STATUTES THAT PROVIDE FOR REIMBURSEMENT HAVE NOT BEEN SETTLED. THE RELOCATION OF PROPERTY OWNERS AND TENANTS IS BRIEFLY DISCUSSED. FLORIDA DOES NOT PAY MOVING COSTS TO ANYONE EXCEPT THE FEE OWNER OF LAND.

Supplemental Notes:

pp 124-128. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.

Monograph Accession #:

01410760

Corporate Authors:

Highway Research Board (HRB)

Washington, DC

Authors:

Canada, Robert D

Discussers:

Billett, James; Banister, D Ross; Lindas, Leonard I; Cook, Max

Pagination:

pp 124-128

Publication Date:

1962

Serial:

Highway Research Board Special Report

Issue Number: 76
Publisher: Highway Research Board

Conference:

Workshop on Highway Law

Location: Wisconsin, United States
Date: 1962-7-16 to 1962-7-20
Sponsors: Highway Research Board; University of Wisconsin, Madison

Media Type:

Digital/other

Identifier Terms:

Uncontrolled Terms:

Old TRIS Terms:

Subject Areas:

Finance; Highways; Law

Files:

TRIS, TRB

Created Date:

Sep 29 1994 12:00AM

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