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Utility Relocation and Accommodation on Federal-Aid Highway Projects
Appendix C

23 U.S.C. 123
Relocation of Utility Facilities

Sec. 123. Relocation of utility facilities

  1. When a State shall pay for the cost of relocation of utility facilities necessitated by the construction of a project on any Federal-Aid system, Federal funds may be used to reimburse the State for such cost in the same proportion as Federal funds are expended on the project. Federal funds shall not be used to reimburse the State under this section when the payment to the utility violates the law of the State or violates a legal contract between the utility and the State. Such reimbursement shall be made only after evidence satisfactory to the Secretary shall have been presented to him substantiating the fact that the State has paid such cost from its own funds with respect to Federal-aid highway projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including relocation of utility facilities.
  2. The term "utility", for the purposes of this section, shall include publicly, privately, and cooperatively owned utilities.
  3. The term "cost of relocation", for the purposes of this section, shall include the entire amount paid by such utility properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.
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Ken Leuderalbert
Office of Program Administration
317-226-5351
E-mail Ken

 
 
Updated: 04/06/2011
 

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United States Department of Transportation - Federal Highway Administration