§ 107. — Acquisition of rightsofwayInterstate System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC107]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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--
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\1\ See References in Text note below.
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(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.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105-178, title I,
Sec. 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193.)
References in Text
Act of February 26, 1931, 46 Stat. 1421, referred to in subsec. (a),
is act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended, known as the
Declaration of Taking Act, which was classified to sections 258a to
258e-1 of former Title 40, Public Buildings, Property, and Works, and
was repealed and reenacted as sections 3114 to 3116 and 3118 of Title
40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1,
6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
Subsection (c) of section 120 of this title, referred to in subsec.
(a)(2), was struck out and a new subsec. (c) was added by Pub. L. 102-
240, title I, Sec. 1021(a), Dec. 18, 1991, 105 Stat. 1950.
The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is
act June 29, 1956, ch. 462, 70 Stat. 374. For complete classification of
this Act to the Code, see Tables. Section 108(b) of the Federal-Aid
Highway Act of 1956 is set out as a note under section 101 of this
title.
Amendments
1998--Subsec. (c). Pub. L. 105-178 substituted ``State
transportation department'' for ``State highway department'' in two
places.
Section Referred to in Other Sections
This section is referred to in title 43 section 1770.
