(a)
- (1) A utility owner will be considered eligible for reimbursement if they have the right of occupancy in the existing location because of holding the fee, an easement, or other real property interest, the damaging or taking of which is compensable in eminent domain.
- (2) The general criteria for determining eligibility for reimbursement for relocation costs shall be applied on the basis of the factual location of the existing utility facility in relation to existing highway right-of-way.
- (b) Existing utility facilities located on private property, street right-of-way of any incorporated town or city, county road, dedicated urban development road, and/or private road right-of-way which were not a part of or on the state highway system at the time the facilities were installed, shall be considered eligible for reimbursement.
- (c) Utility facilities presently located on existing Arkansas Department of Transportation highway right-of-way by permit or unwritten consent of the department are not eligible for reimbursement.