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Transportation Code | |
Rights-of-way Act | |
Section 305 | Term of grant -- Abandonment. |
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72-5-305. Term of grant -- Abandonment. (1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term. (2) (a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in Part 1, Public Highways, of this chapter. (b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state. (3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way. (4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.
Renumbered and Amended by Chapter 270, 1998 General Session |
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