Title 32, Chapter 3, Section 34
( 32-3-34)
(a) The lands and interest in lands to be acquired in fee simple for
federal parkway rights of way shall average not more than 125 acres
per mile plus not more than 25 acres per mile in scenic easements;
and in no case shall the width of the fee simple rights of way for
federal parkway land be less than 300 feet. It is the intent of this
Code section that in using the acreage per mile method there will be
permitted the balancing of the total acreage over the entire length
of the federal parkway project within the state and that such usage
will provide for flexibility to narrow or widen the fee simple lands
acquired for federal parkways to meet specific conditions. (b) The variance of the width of the lands to be acquired by the
department for federal parkways is to be dependent upon
topographical conditions; requirements of federal parkway design;
acquisition of acreage adjacent to the federal parkway at designated
locations of scenic, historic, or recreational value or
significance; simplicity and ease of rights of way acquisition; cost
of rights of way acquisition; and other conditions considered by the
department to be controlling; but in no case shall the width of the
fee simple rights of way to be acquired for federal parkways be less
than the 300 feet provided for in this Code section. |