72-5-305. Term of grant -- Abandonment.
(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term.
(2) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in, of this chapter. Part 1, Public Highways If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state. To abandon an R.S. 2477 right-of-way as described in Subsection, a political subdivision shall: (2)(b) comply with Subsection; and 72-3-105(9) provide notice of abandonment to the advisor of the Public Lands Policy Coordinating Office created in Section. 63L-11-201
(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.