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Section 8: Right of Way Charges

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The payment of property damages necessitated by a utility adjustment is not considered a right of way charge, but is reimbursable when properly documented. Right‑of‑way charges are confined to those instances where there is an interest in land acquired.

Losses to improvements such as crops or fences caused by utility construction will be considered as damages and properly chargeable by the utility as a construction or relocation expense that was incurred and paid for by the utility.

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“Replacement right of way” may be defined as the land and interests in land acquired for or by the utility as necessitated by the highway construction. These costs may include salaries and expenses of utility employees engaged in the appraisal of and negotiation for the right of way, amounts paid independent appraisers for appraisals made of the right of way, recording costs, deed fees and similar costs normally paid incidental to land acquisition.

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