1. (1) Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that:

   1. (a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;
   2. (b) a remainder exists to provide reasonable access; and

   3. (c) at least one of the following applies:

      1. (i) the disposal qualifies as an exception to 23 CFR 710.403(d);
      2. (ii) reimbursement of federal funds is not required; or
      3. (iii) the commission agrees to any required reimbursement of federal funds.
2. (2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.

History: En. Sec. 5, Ch. 226, L. 2005; amd. Sec. 22, Ch. 17, L. 2025.