The general assembly shall determine the amount necessary to be expended for the purposes of this part 8 and shall make annual appropriations as necessary from the general fund and from revenues made available under section 43-1-801 (1)(b). Moneys received or expended pursuant to the authorization contained in this part 8 shall be maintained in a separate fund. Said fund shall not be considered as part of either the state highway fund or the state highway supplementary fund. No part of this annual appropriation shall be utilized for hazardous wastes disposal studies.
Source: L. 80: Entire part added, p. 780, � 1, effective May 6.
43-1-803. Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition. (1) The executive director of the department of transportation, or his or her designee, is authorized to:
(a) Accept the donation of an abandoned railroad right-of-way from a railroad company to the state;
(b) Determine if the abandoned railroad rights-of-way to be donated by railroad companies should be accepted and the method of the conveyance;
(c) Allow the use of the railroad right-of-way for any public purpose; except that, if such use is incompatible with the operation of a freight or passenger rail service as determined by the director, the use incompatible with rail service shall cease when rail service commences.
(2) The executive director may, as soon as is practicable, sell, trade, or otherwise convey railroad rights-of-ways obtained pursuant to subsection (1) of this section to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be qualified to operate a freight or passenger rail service.
(3) Upon the sale of the railroad right-of-way to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be capable of operating a freight or passenger rail service, the executive director shall deposit the proceeds of the sale in the state rail bank fund created in section 43-1-1309.
(4) For purposes of this section, abandoned railroad right-of-way means any real property or interest in real property that is or has been owned and operated by a railroad company for rail service upon which the surface transportation board or other responsible federal agency has permitted discontinuance of service and disposal of the real property or interest in the real property. Abandoned railroad right-of-way includes any fixtures to the real property, including railroad tracks, that are used or useable in rail service.
Source: L. 97: Entire section added, p. 1617, � 1, effective June 4. L. 2009: (2) amended, (SB 09-094), ch. 280, p. 1252, � 5, effective May 20.