If the state holds the easement or fee title to a street or highway, the state may
lease the space above or below that street or highway for private purposes for such
period as the controlling state agency determines the space will not be needed for
public purposes, and upon such other terms and conditions as the agency finds to be
in the public interest. Before leasing the space, the agency shall determine that the use of the space will
not unreasonably interfere with the public use and utility use of the street or highway,
and shall notify the property owners abutting the space proposed to be leased under
this section and give them an opportunity to be heard with respect to the proposed
leasing. Lease of space above or below a street or highway for private purposes shall not affect
prior dedication or grant of the area for street or highway purposes.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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