41-515

41-515. Acquisition of land for parkways and scenic and historic roads; acquisition of scenic easement

A. The director may acquire title to or easements over lands within parkways for the purpose of protecting and administering those areas for the enjoyment of the citizens of the state.

B. The state may acquire any land or scenic easement for the establishment or improvement of a state highway designated as a parkway or historic or scenic road by expenditures of state highway user revenues or other funding sources. Local authorities may acquire any land for the establishment or improvement of county highways or roads or city streets designated as parkways or historic or scenic roads within that jurisdiction by expenditures of local highway user revenues or other funding sources. Maintenance of the right-of-way of a parkway or a historic or scenic road is the responsibility of the governmental body that has jurisdiction over such highway.

C. The interest in land acquired under this article may be a fee simple or lesser estate. The acquisition may be by gift, agreement, purchase, lease, exchange or other legal means, but shall not be accomplished by exercising the power of eminent domain.