72-5-302. Rights-of-way across federal lands — Title — Presumption — Scope. (1) This part applies to all R.S. 2477 rights-of-way. (2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways in accordance with Sections 72-3-102, 72-3-103, 72-3-104, 72-3-105, and 72-5-103. (3) (a) Acceptance of a right-of-way for the construction of a […]
72-5-303. Maintenance — Impact on adjacent land owners. (1) (a) The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for vehicular travel. (b) A decision to improve or not improve an R.S. […]
Effective 7/1/2021 72-5-304. Mapping and survey requirements. (1) The Department of Transportation, counties, and cities are not required to possess centerline surveys for R.S. 2477 rights-of-ways. (2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be included in the plats, descriptions, and maps of county roads required by Sections 72-3-105 and […]
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. […]
72-5-306. Assumption of risk — Immunity — Public safety. (1) An R.S. 2477 right-of-way not designated under Section 72-3-102, 72-3-103, or 72-3-104 as a Class A, B, or C road is traveled at the risk of the user. (2) The state and its political subdivisions do not waive immunity under Title 63G, Chapter 7, Governmental […]
72-5-307. Agreement affecting R.S. 2477 right-of-way. (1) Before a political subdivision of the state enters into an agreement with the federal government affecting the rights, status, or scope of an R.S. 2477 right-of-way, the political subdivision shall give written notice of its intent to enter the agreement, together with a copy of the proposed final […]
72-5-308. Provisions govern determinations — Determinations effective dates. The provisions of this part pertaining to substantive standards for acceptance of the R.S. 2477 grant shall govern the R.S. 2477 assessments of the governor or the governor’s designee and the decisions of the courts to the extent that the provisions are consistent with state law, including […]
Effective 5/4/2022 72-5-309. Acceptance of rights-of-way — Notice of acknowledgment required. (1) The governor or the governor’s designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in […]
72-5-310. Notice of acknowledgment — Court determination — Presumption of acceptance. (1) The governor or the governor’s designee shall provide a copy of the notice of acknowledgement by certified mail and return receipt requested to: (a) the last known owner of the servient estate in land over which the right-of-way or rights-of-way subject to the […]
