32-6-172. Authority of department to obtain replacement right of way for relocated utility.

Whenever a public road improvement necessitates the acquisition by the department of a utility’s privately owned rights of way and the relocation of such utility’s facilities, the department may, with the written consent of the utility, provide a replacement right of way.#

Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs.#

Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner.#