§107 — Title 23 Highways | U.S. Code

Summary

The Secretary can, when a State asks, get land or land rights needed for building, rebuilding, or improving any part of the Interstate System. The Secretary may act in the name of the United States, even before the Attorney General approves the title, and may buy, accept as a gift, condemn, or otherwise take the land under U.S. law (including sections 3114–3116 and 3118 of title 40). The Secretary may do this only if the Secretary finds the State cannot get the land or cannot get it quickly enough, and the State agrees to pay an amount equal to 10 percent of the Secretary’s costs (or a smaller percent that equals the State’s pro rata share as set under subsection (c) of section 120), at a time the Secretary specifies. The Secretary’s costs may include title searches, title certificates, advertising, and related fees. Those costs are paid from the Interstate construction funds apportioned to the State. Any money the State pays is put into the Treasury for Federal-aid highways and credited to the State’s apportionment or deducted from other reimbursements under section 108(b) of the Federal-Aid Highway Act of 1956. After acquiring land, the Secretary must transfer it by deed to the State transportation department or a local government on agreed terms, except for the outside five feet of any right-of-way in a State that does not provide control of access; that outside five feet is conveyed later if the State provides acceptable control of access. If the needed right-of-way is on land owned by another federal agency, the Secretary may work out rights with that agency and the agency must cooperate.

Title 23, §107

Highways — Source: USLM XML via OLRC

(a)In any case in which the Secretary is requested by a State to acquire lands or interests in lands (including within the term “interests in lands”, the control of access thereto from adjoining lands) required by such State for right-of-way or other purposes in connection with the prosecution of any project for the construction, reconstruction, or improvement of any section of the Interstate System, the Secretary is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections 3114 to 3116 and 3118 of title 40), if—

(1)the Secretary has determined either that the State is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and

(2)the State has agreed with the Secretary to pay, at such time as may be specified by the Secretary an amount equal to 10 per centum of the costs incurred by the Secretary, in acquiring such lands or interests in lands, or such lesser percentage which represents the State’s pro rata share of project costs as determined in accordance with subsection (c) 11 See References in Text note below. of section 120 of this title.

(b)The costs incurred by the Secretary in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the Secretary in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for construction, reconstruction, or improvement of the Interstate System apportioned to the State upon the request of which such lands or interests in lands are acquired, and any sums paid to the Secretary by such State as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for Federal-aid highways and shall be credited to the amount apportioned to such State as its apportionment of funds for construction, reconstruction, or improvement of the Interstate System, or shall be deducted from other moneys due the State for reimbursement from funds authorized to be appropriated under section 108(b) of the Federal-Aid Highway Act of 1956.

(c)The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any State under the provisions of this section, except the outside five feet of any such right-of-way in any State which does not provide control of access, to the State transportation department of such State or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the Secretary and the State transportation department or political subdivisions to which the conveyance is to be made. Whenever the State makes provision for control of access satisfactory to the Secretary, the outside five feet then shall be conveyed to the State by the Secretary, as herein provided.

(d)Whenever rights-of-way, including control of access, on the Interstate System are required over lands or interests in lands owned by the United States, the Secretary may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the State or other person constructing the projects on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the Secretary in this connection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (c) of section 120 of this title, referred to in subsec. (a)(2), was struck out and a new subsec. (c) was added by Pub. L. 102–240, title I, § 1021(a), Dec. 18, 1991, 105 Stat. 1950. The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is act June 29, 1956, ch. 462, 70 Stat. 374. For complete classification of this Act to the Code, see Tables. section 108(b) of the Federal-Aid Highway Act of 1956 is set out as a note under section 101 of this title.

Amendments

2006—Subsec. (a). Pub. L. 109–284 substituted “sections 3114 to 3116 and 3118 of title 40” for “the Act of February 26, 1931, 46 Stat. 1421”. 1998—Subsec. (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department” in two places.

§107 Acquisition of rights-of-way—Interstate System