Title 32, Chapter 6, Section 171
( 32-6-171)
(a) Any utility using or occupying any part of a public road which
the department has undertaken to improve or intends to improve shall
remove and relocate its facility when, in the reasonable opinion of
the department, the facility constitutes an obstruction or
interference with the use or safe operation of such road by the
traveling public or when, in the reasonable opinion of the
department, the facility will interfere with such contemplated
construction or maintenance. (b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the department shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the department may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as provided in Code Section 32-6-173. |