SECTION 730:20-1-2. Acquisition and clearance of right-of-way

  All rights-of-way shall be acquired in accordance with applicable statutes. On any project where federal funds are involved in any part thereof, to the extent allowed by state law, all federal laws, rules and regulations shall be fully complied with in acquiring, clearing, and disposing of right-of-way.

(1)   In all instances where rights-of-way have been acquired for projects on the State Highway System by other subdivisions of the state or entities, said acquiring agency shall, prior to the advertising of the construction contract, either:

(A)   Convey by deed or easement such right-of-way to the Department; or

(B)   Subject to Department's prior approval, place in trust such deed or easements to be transferred to the Department at a later time. Under this subparagraph, the acquiring agency shall transmit copies of the easements or deeds, together with legal entry authorization to the Department prior to such contract advertising.

(2)   All sales of surplus real property required by law to be sold by public auction shall be sold by sealed bid, unless required otherwise by law. The publication notice of all such sales shall provide that the Department reserves the right to reject any and all bids. Further, at the discretion of the Department, such sales may be made subject to a minimum bid, which shall be the greater of the fair market value appraisal or the determined pro-rata acquisition cost, plus the administrative processing fees as determined by the Department.

(3)   All sales of improvements, purchased in connection with right-of-way acquisition, shall be made subject to the approval of the Department, and the publication notice of such sales shall contain the phrase, "the Department of Transportation reserves the right to reject any and all bids."

(4)   All projects lying within the corporate limits of a city or town will necessitate the Department and the municipality entering into an agreement providing for the use of existing rights-of-way, traffic control, encroachment removal and utility relocations or removal. The municipality will be responsible for the prompt payment of their share of all utility costs upon receipt of the Department's statement as the amounts become known. In the event the municipality is unwilling or financially unable to execute said agreement, the Department may proceed without same while still relying upon the existing statutes to determine financial responsibilities.

(5)   In instances where a county or city owes monies to the Department for unpaid right-of-way or utility relocation obligations, the award of new transportation projects in that city or county may not be made until satisfactory arrangements have been made for payment of the due obligation.

[Source: Amended at 16 Ok Reg 2030, eff 6-11-99]