Limited authority to reimburse utilities for the cost of relocation is effective in thirty-three states. While the constitutionality of the reimbursement laws are acknowledged , the laws contain ambiguities on the eligibility of some costs. The bureau of public roads has established guidelines on the basis of which federal reimbursement may be made. State practices of repayment under particular circumstances are discussed. These include the public and private property rights of utilities, the legality of reimbursement when a utility is moved from the highway right-of-way, and reimbursement restrictions on increases in value due to relocation or deduction of salvage. Means to secure prompt relocation and the authority to acquire new right-of-way for utilities are examined. Although the question of reimbursement is left to the discretion of individual states, clarification of state legislation is urged.
Abstract