1. (1) Land values for longitudinal access for telecommunications facilities are established, by zone, as set forth in Table 2. Whenever new right-of-way is added to the interstate system and a zone or zones are established for such new right-of-way under R907-65-5(3), the land value for such zone or zones set forth in Table 2 shall apply to such new right-of-way.
2. (2) At least once every five years, the department shall conduct a market analysis to determine the fair and reasonable values of the right-of-way of the interstate system for longitudinal access for telecommunications facilities. The department shall determine this value for each zone. The department shall publish a modification to Table 2 whenever the department completes a market analysis and determines that values of the right-of-way have changed.

3. (3) In determining land values, the department shall disregard any circumstance in which the department's interstate right-of-way is the only viable alternative for installing and operating telecommunications facilities between relevant geographic markets. The department shall adjust such values to those which would exist if another viable alternative existed for installing and operating comparable telecommunications facilities such that the department would not possess monopolistic market power in the subject location.

   TABLE 2

   Land Values ($/mile)

   Zone Miles in Zone Weighted Average Land Value

   Zone 1 575 $8,000

   Zone 2 212 $22,000

   Zone 3 50 $48,000

   Zone 4 60 $80,000

   Zone 5 47 $124,000

KEY: right-of-way, interstate highway system

Date of Last Change: November 16, 1999

Notice of Continuation: August 16, 2023

Authorizing, and Implemented or Interpreted Law: 72-7-108