Right of Way, Utilities and Rails

The land that a highway occupies. It consists of the land owned by the operating agency or land that the operating agency has a right to use for a roadway purpose. The right required to support a roadway must include sufficient interest to provide for both the construction and continued maintenance of the facility. ​

An important process of obtaining rights to use land for transportation, utility, or other infrastructure projects. The process involves the acquisition of an easement or right-of-way across private property, or the purchase of the land to be used for the project. This process is necessary for both public and private entities in order to gain access to the land needed for the project.

Right of way acquisitions involve identifying and negotiating with landowners to acquire the necessary rights. This may include surveying the property, evaluating the proposed project and the landowner's interests, and negotiating an agreement with the landowner. In some cases, the landowner may not be willing to agree to the terms of the proposed project, and the acquiring entity may need to use eminent domain, or the power of the government to take private property for public use.​ 

The right of way acquisition process also entails evaluating and determining the fair market value of the land or easement for just compensation. This process involves researching comparable sales and considering factors such as the location, zoning, uses, and any improvements that may be made to the property.  In addition, offering relocation assistance to person displaced by the right of way acquisition process. Once the fair market value is determined, the acquiring entity and the landowner can negotiate a purchase price or easement amount.​

Per KRS 278.010, any person except a regional wastewater commission established pursuant to KRS 65.8905 and a city, who owns, controls, operates, or manages any facility used or to be used for or in connection with: (a) The generation, production, transmission, or distribution of electricity to or for the public, for compensation, for lights, heat, power, or other uses; (b) The production, manufacture, storage, distribution, sale, or furnishing of natural or manufactured gas, or a mixture of same, to or for the public, for compensation, for light, heat, power, or other uses; (c) The transporting or conveying of gas, crude oil, or other fluid substance by pipeline to or for the public, for compensation; (d) The diverting, developing, pumping, impounding, distributing, or furnishing of water to or for the public, for compensation; (e) The transmission or conveyance over wire, in air, or otherwise, of any message by telephone or telegraph for the public, for compensation; or (f) The collection, transmission, or treatment of sewage for the public, for compensation, if the facility is a subdivision collection, transmission, or treatment facility plant that is affixed to real property and is located in a county containing a city of the first class or is a sewage collection, transmission, or treatment facility that is affixed to real property, that is located in any other county, and that is not subject to regulation by a metropolitan sewer district or any sanitation district created pursuant to KRS Chapter 220;​

The term "Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646), and amendments thereto.​

Includes all property, means, and instrumentalities owned, operated, leased, licensed, used, furnished, or supplied for, by, or in connection with the business of any utility; see KRS 278.010.​

Kentucky Right of Way Data System is a web-based data system utilized by the Kentucky Transportation system to conduct right of way appraising and acquisition.  ​

The web-based utility and rail coordination management system utilized by KYTC.  The system houses project record data specific to utility and rail coordination, including items such as relocation plans, agreements, invoices, change orders, and communications.  The system also tracks workflow approvals for those files that are subject to review and approval.  Other miscellaneous functions of the system include the maintenance of historical cost data, a utility and rail contact database, and electronic document generation.  ​

FHWA’s historic approach to handling utility use of the right of way of federal-aid and direct federal projects (maintained in 23 CFR 645 subpart B) that requires each state to develop its own utility accommodation policy setting forth the manner in which the state will control the use of federal aid highway right-of-way by utility facilities; also includes longitudinal utility use of freeway right of way.  Note: Once the state’s policy is approved by the FHWA, any utility installations proposed to be installed on federal-aid highway projects in accordance with the approved state policy may be approved by the state without referral to the FHWA.​

Standardized contract that establishes the terms by which the Cabinet and the utility company will interact on a highway project if any of the work by either the Cabinet or the utility company is compensable; final version to be comprised of a set of three originals.​

Process by which utilities are managed for a project, including: utility identification, conflict avoidance, conflict mitigation, utility relocation or adjustment.​

Is the adjustment of a utility facility required by the program or project undertaken by the displacing agency. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right-of-way on new location; moving, rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.​