If federal funds are available for reimbursement therefor, the department may acquire, either in fee or in any lesser estate or interest, real property adjacent to any highway included in the national system of interstate and defense highways or the federal-aid primary highway system, which the department considers necessary for the preservation, maintenance or conservation of scenic lands or areas adjacent to such highways or which it considers necessary to preserve, improve or enhance the scenic beauty of or points of interest in the lands or areas traversed by such highways. Nothing in this section shall authorize the use of eminent domain to acquire any dwelling or any building or other enclosure, and the appurtenances thereto, in which commercial activities are conducted.
Chapter 9Scenic Areas
Section § 895
This law allows the department to acquire land next to highways that are part of the interstate and federal-aid primary systems, but only if federal funds are available to cover the costs. The purpose is to preserve or enhance scenic beauty or points of interest. However, the department can't use eminent domain to take over any homes or businesses for this purpose.
federal funds reimbursement highway adjacent property scenic preservation land acquisition interstate highway beauty eminent domain restrictions commercial activities protection land conservation federal-aid primary highway national interstate system scenic enhancement real property acquisition
Section § 896
This law states that buying land to protect or improve the scenery around certain major highways is considered a public use and serves a public purpose. The focus is on preserving the beauty of the areas next to these highways to make them more attractive or enjoyable.
The Legislature hereby declares that the acquisition of interests in real property for the preservation, maintenance or conservation of scenic lands or areas adjacent to any highway included in the national system of interstate and defense highways or the federal-aid primary highway system or to preserve, improve or enhance the natural beauty of points of interest in the lands or areas traversed by such highways provided for in Section 895 constitutes a public use and purpose.
property acquisition scenic lands highway system natural beauty land preservation interstate highways federal-aid highways public use land conservation scenic areas highway adjacent areas real property interests public purpose conservation efforts highway beautification
Section § 897
This law allows the department to either sell or lease property back to its original owner, or someone else, with specific conditions. These conditions are meant to keep the area around the highway looking nice and scenic. The commission must approve any agreements to ensure they protect the beauty of the surroundings.
The department may convey or lease such property back to its original owner or to another person or entity in the manner and subject to such reservations, conditions, covenants or other contractual arrangements approved by the commission as will preserve the scenic character or beauty of the area traversed by the highway.
convey property lease property original owner scenic preservation highway area property covenants contractual arrangements preserve beauty commission approval scenic character property reservation land leaseback aesthetic preservation
