Section 8: Sale of Surplus Right of Way (Highway Easement) to the Underlying Fee Owner(s)
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If the current underlying fee owner(s) donated the right of way interest to the state, then the state can release the right of way interest at no cost other than the state’s service fee.
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The District will:
- notify owner(s) of their eligibility to purchase the easement interest and explain all associated expenses
- prepare submission package (see District Submission Requirements)
- the District Engineer’s statement should also explain why the easement is no longer needed for a state highway purpose
- the underlying fee owner(s) will provide the District with an acceptable certificate verifying the name(s) of the underlying fee owner(s)
The ROW Division follows procedures outlined above in Section 4, Sale of Surplus Right of Way (Fee Simple) to an LPA.