72-6-113 - Acquisition and improvement of land for preservation of scenic beauty -- Authority of department.
72-6-113. Acquisition and improvement of land for preservation of scenic beauty --Authority of department.
(1) The department is authorized to acquire and improve strips of land necessary for therestoration, preservation, and enhancement of scenic beauty within and adjacent to a federal-aidhighway of this state, including acquisition of publicly owned and controlled rest and recreationareas, sanitary, and other facilities within or adjacent to the highway right-of-way reasonablynecessary to accommodate the traveling public.
(2) Acquisition may be by gift, purchase, or exchange but may not be by condemnation.
(3) The interest in any land authorized to be acquired and maintained under this sectionmay be fee simple or any lesser interest, as determined by the department to be reasonablynecessary to accomplish the purposes of this section.
(4) (a) Real property, or any interest in real property, acquired under this section is partof the adjacent or nearest highway and is under the jurisdiction of the department.
(b) The department may enter into an agreement with any state agency for maintenance ofland acquired in accordance with this section.
Renumbered and Amended by Chapter 270, 1998 General Session