Section 4: Fiscal Responsibility

Anchor: #i1004606

Eligible Utilities

Although utilities may be publicly-owned, privately-owned, or cooperatively-owned and directly or indirectly serving the public, their function determines their eligibility for reimbursement of adjustment as prescribed in this manual, in accordance with 23CFR Section 645.107. For utility adjustments to be eligible, they must either have a compensable interest in their present location, be eligible for Federal participation in the adjustment cost, or compensable under another state statute. As an example of how function determines eligibility, a privately-owned facility serving one or more individuals, but not the public, and used for the benefit of certain individual recipients of the service, must be considered as an improvement, not an eligible utility. Therefore, it must be adjusted through special handling through the ROW acquisition process. The determination regarding whether privately-owned lines are eligible for adjustment under 23CFR 645 may be made at the District level. Where there is a question of eligibility, consult the ROW Division before appraisal of the property on which the facility is located and before authorizing the owner to prepare a plan for adjusting the facility.

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