23 U.S.C. § 107 : US Code - Section 107: Acquisition of rights-of-way - Interstate System

Search 23 U.S.C. § 107 : US Code - Section 107: Acquisition of rights-of-way - Interstate System

(a) In any case in which the Secretary is requested by a State to
acquire lands or interests in lands (including within the term
"interests in lands", the control of access thereto from adjoining
lands) required by such State for right-of-way or other purposes in
connection with the prosecution of any project for the
construction, reconstruction, or improvement of any section of the
Interstate System, the Secretary is authorized, in the name of the
United States and prior to the approval of title by the Attorney
General, to acquire, enter upon, and take possession of such lands
or interests in lands by purchase, donation, condemnation, or
otherwise in accordance with the laws of the United States
(including the Act of February 26, 1931, 46 Stat. 1421),(!1) if -
(1) the Secretary has determined either that the State is
unable to acquire necessary lands or interests in lands, or is
unable to acquire such lands or interests in lands with
sufficient promptness; and
(2) the State has agreed with the Secretary to pay, at such
time as may be specified by the Secretary an amount equal to 10
per centum of the costs incurred by the Secretary, in acquiring
such lands or interests in lands, or such lesser percentage which
represents the State's pro rata share of project costs as
determined in accordance with subsection (c) (!1) of section 120
of this title.
The authority granted by this section shall also apply to lands
and interests in lands received as grants of land from the United
States and owned or held by railroads or other corporations.
(b) The costs incurred by the Secretary in acquiring any such
lands or interests in lands may include the cost of examination and
abstract of title, certificate of title, advertising, and any fees
incidental to such acquisition. All costs incurred by the Secretary
in connection with the acquisition of any such lands or interests
in lands shall be paid from the funds for construction,
reconstruction, or improvement of the Interstate System apportioned
to the State upon the request of which such lands or interests in
lands are acquired, and any sums paid to the Secretary by such
State as its share of the costs of acquisition of such lands or
interests in lands shall be deposited in the Treasury to the credit
of the appropriation for Federal-aid highways and shall be credited
to the amount apportioned to such State as its apportionment of
funds for construction, reconstruction, or improvement of the
Interstate System, or shall be deducted from other moneys due the
State for reimbursement from funds authorized to be appropriated
under section 108(b) of the Federal-Aid Highway Act of 1956.
(c) The Secretary is further authorized and directed by proper
deed, executed in the name of the United States, to convey any such
lands or interests in lands acquired in any State under the
provisions of this section, except the outside five feet of any
such right-of-way in any State which does not provide control of
access, to the State transportation department of such State or
such political subdivision thereof as its laws may provide, upon
such terms and conditions as to such lands or interests in lands as
may be agreed upon by the Secretary and the State transportation
department or political subdivisions to which the conveyance is to
be made. Whenever the State makes provision for control of access
satisfactory to the Secretary, the outside five feet then shall be
conveyed to the State by the Secretary, as herein provided.
(d) Whenever rights-of-way, including control of access, on the
Interstate System are required over lands or interests in lands
owned by the United States, the Secretary may make such
arrangements with the agency having jurisdiction over such lands as
may be necessary to give the State or other person constructing the
projects on such lands adequate rights-of-way and control of access
thereto from adjoining lands, and any such agency is directed to
cooperate with the Secretary in this connection.