NAC408.319. Reimbursement for costs relating to purchase of replacement right-of-way.

     1. Except as otherwise provided in this subsection, money which is received from the State or Federal Government for projects and administered by the Department may be used to reimburse a utility for the costs to purchase a replacement right-of-way for the relocation of its facility if:

     (a) The utility has a right of occupancy in its existing location which entitles it to receive reimbursement from the Department for its cost of relocation; and

     (b) The purchase of the right-of-way is required to accommodate a facility which must be relocated because of a highway project.

Ê The money must not be used for reimbursement if there is a charge to the project for that portion of the utility’s existing right-of-way which will be transferred to the Department for establishing a highway.

     2. If the utility does not have a sufficient number of qualified employees to carry out the purchase of a replacement right-of-way, it may request that the Department purchase the replacement right-of-way on its behalf if the utility provides the Department with the requirements for the right-of-way.

     3. The Department will, if possible, purchase the utility’s replacement right-of-way when it purchases its own right-of-way.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)