Under Alaska Statutes the cost of relocating a utility that lies within a highway right of way under a permit issued by the department will be borne by the State. It is our understanding that this utility relocation reimbursement policy may be the exception rather than the rule throughout the other state DOTs.

Please respond as to whether your state utility accommodation policy will reimburse a utility for relocation when they exist within the highway ROW solely by permit rather than a prior existing right.

IA / Sandra Q. Larson, P.E.
Iowa DOT
515-239-1205
/ We do not reimburse utility relocations when the utility is located in the public ROW unless the relocation is a second move. The second move cannot be a result of an error on the part of the utility.
WA / Tom Swafford
Utilities, RR & Agreements Manager
Washington DOT
360-705-7237
/

Compensable Real Property Interest

A Utility is entitled to reimbursement by the State for relocation or adjustment of the Utility’s facilities when the Utility holds a “compensable real property interest.” The Utility’s title to a “compensable real property interest” must be documented by suitable evidence. Suitable evidence may consist of one of the following:
1. Utility holds fee title to the property.
2. Utility holds a valid easement to use the property.
3. Utility is owned by and located within the right of way of a municipality.(ie.non-limited access highway within city limits).
4. An affirmative finding by the State’s legal counsel of the Utility’s compensable real property interest.
An affirmative finding is requested when the Utility claims a compensable real property interest by virtue of prescriptive rights. Submit affirmative finding requests to the Attorney General’s Office through the Headquarters Utilities Section. In order to process this request, the Region furnishes the following data:
· Facilities covered by the request
· Why the relocation is necessary
· Type of facility
· Location of the facility (highway engineer station and location with regard to the right of way line)
· Date of facility installation
· The date or dates of relevant right of way acquisition
· A detailed map
· Unusual facts or circumstances
ND / Monte Dockter,
Utilities Engr.
North Dakota DOT
701-328-2162
/ NDDOT's policy is if the utility has prior rights then the relocation expense is reimbursable to the utility company whether they are on or off our current right of way. However, there is an exception to this. Back in 1959 the ND statue reserves 100' from center line of a state highway and 75' from the center line of a county highway for highway use, where or not the state or county own this right of way. If a utility was placed in this area after 1959 and is required to move, then the utility must move at their expense. Hope this helps.
NH / Charles Schmidt, P.E.
Chief of Design Services
New Hampshire DOT
603-271-2297
/ New Hampshire does not reimburse utilities for relocations if they are within the ROW.
A municipal utility is entitled to the salvage value of their exiting facility as well as the costs attributed to the trenching and backfill of the relocated facility. These are the only costs that are reimbursable per State Statue.
TN / Joe Shaw
Tennessee DOT
Utilities Office
615-741-2891
/ In 2003 a statute amendment was passed which provides the commissioner the discretion to reimburse utility relocations where the existing facility is on public ROW. This is referred to as Chapter 86. The projects are qualified for CH86 by policy or by commissioner's
directive. The amendment has three provisions for eligibility: 1)
Utility have a permit for the exist facility, 2) the utility submit
relocation plans within 120 - 165 days as prescribed by state statute,
3) the utility either MOVE PRIOR to the letting date, or include the
work in the state contract.
I have attached a presentation that I made at the National Highway
Utility Conference concerning the evolution and application of this
statute.
MD / Nelson Smith
Stwd Utility Engr
Maryland State Hwy Admin
410-545-5546
/ Under our utility policy, we reimburse utility companies for relocations based on prior rights.Any permitswe issue tothe utility, toplace facilities within our right-of-way, specifically state that the utility company would be responsiblefor any futurerelocations at their expense.
However, there have been exceptions tothis policy. But these are rare and require approval from the Chief Engineer or Administrator.
You can download a copy of our utility policy at
http://www.marylandroads.com/businesswithsha/buzStdsSpecs/
ManualStdPub/hardcopyPubInfoOrdering/ooc/UtilityPolicy.pdf
OK / Kurt A. Harms
Chief, ROW
Oklahoma DOT
405-521-2661
/ Oklahoma's stance is a fairly common position for most of the States, in general;
·  Public utilities occupying public right-of-way by permit must relocate at their expense
·  Public utilities occupying public right-of-way but possessing prior rights are relocated at our expense
MT / Walt Scott
Montana DOT
/ 60-4-403. Relocation -- costs. (1) Except as provided in subsections (2) and (3), 75% of all costs of relocation, dismantling, and removal must be paid by the department as a cost of federal-aid systems construction.
(2) The department shall pay for the entire cost of relocating a publicly owned water or sewer facility with 500 or fewer service connectors under the following conditions:
(a) the facility has had 500 or fewer subscribers during the entire year before the letting of the project contract; and
(b) the relocation is the result of state highway or federal-aid system construction.
(3) The department shall pay for 85% of all costs of relocating a publicly owned water or sewer facility with more than 500 but fewer than 1,000 service connectors, subject to the following conditions:
(a) the facility had more than 500 but fewer than 1,000 subscribers during the entire year before the letting of the project contract; and
(b) the relocation is the result of state highway or federal-aid highway system construction.
60-4-401. Relocation -- definitions. For the purposes of this part, unless otherwise indicated, terms are defined as follows:
(1) (a) "Cost of relocation" means the amount paid by the utility for material, labor, and equipment properly attributable to the relocation after deducting any increase in the value of the new facility and any salvage value derived from the old facility.
(b) "Cost of relocation" does not mean engineering costs for designing, locating, staking, inspecting, or any other incidental costs of engineering.
(2) "Facility" means a utility's tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances impacted by a project on a federal-aid system or state highway.
(3) "Federal-aid systems" includes the following, as defined in 60-2-125 <http://data.opi.state.mt.us/bills/mca/60/2/60-2-125.htm> :
(a) national highway system;
(b) primary highway system;
(c) secondary highway system; and
(d) urban highway system.
(4) "State highway" means that term, as defined in 60-2-125 <http://data.opi.state.mt.us/bills/mca/60/2/60-2-125.htm> .
(5) "Utility" includes publicly, privately, and cooperatively owned utilities
AR / Ralph Williams
Utilities Section Head
Arkansas Hwy & DOT
501-569-2146
/ The AHTD Utility Accommodation Policy, which includes Utility Permits, mandates that any utility facility installed on highway right of way is not eligible for reimbursement if the AHTD needs the facility moved for highway maintenance, construction, etc.
We insert this statement in each permit we issue to insure every utility is aware of this requirement.
Anyone may review our policy on the AHTD web site under INFO (We are not listed under PERMITS) on page 30, Section 707.5.
MO / James Zeigler
Tech Support Engr
Missouri DOT
573-522-5994
/ Missouri only pays for the adjustment costs of a utility on right of way when that entity has prior rights. Otherwise, the adjustment is at the utility's cost. We also pay for adjustments when they are on private easement.
The link to our Project Development Manual is:
http://www.modot.mo.gov/business/manuals/projectdevelopment.htm
Utilities are located in Chapter 7 and our policy on division of cost is located in Chapter 7-03.2 Division of Cost Policy.
MI / Mark A. Dionise, PE
Utility Coordination and Permits Engineer
Michigan DOT
517-373-7682
/ Generally, when a utility is located in the public right of way by permit and is found to be in conflict with a proposed construction project, Michigan DOT does not pay for the utility's relocation cost. Attached is a copy of the Michigan law, Public Act 368 of 1925, regarding utilities and use of the public right of way. Sections 13 and 14 of Public Act 368, describe the conditions for use of the right of way by public utilities. Sections 15 and 17, indicate that no rights are granted when permitted to use the right of way and removal shall be made when notified. What is interesting about the Michigan Law vs. the Alaska Law is that the word "permit" is no where to be found in Michigan's.
Michigan follows Appendix A of the FHWA Program Guide titled "Utility Relocation And Accommodation On Federal-Aid Highway Projects" when reimbursing a utility for it's relocation costs. Sub section 645.107 details the eligibility requirements.
MA / Guy Rezendes, PE
Mass Hwy Dept
617-973-7512
/ Only Municipal Utilities get reimbursed for relocations on ALL PROJECTS, regardless of scope or funding.
Private utilities get reimbursed for relocations on Federally Aided bridge projects.
Private utilities get reimbursed for TEMPORARY relocations on Federally aided roadway projects, but not the subsequent permanent utility move.
Private utilities get reimbursed for relocations on ALL projects in which they own the property or have permanent easement rights.

Alaska DOT & PF June 2006

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