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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 23 - Highways |
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Chapter I - Federal Highway Administration, Department of Transportation |
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SubChapter H - Right-of-Way and Environment |
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Part 713 - RIGHT-OF-WAY - THE PROPERTY MANAGEMENT FUNCTION |
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Subpart C - Disposal of Rights-of-Way |
§ 713.302 - Applicability.
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(a) The provisions of this subpart apply to disposals of rights-of-way where Federal-aid highway funds have participated in either the right-of-way or physical construction costs of a project.
(b) The provisions of this subpart do not apply to the matters covered in part 620, subpart B of this chapter.
(1) Where a section of highway including the right-of-way is abandoned;
(2) Where only changes in access control are involved; and
(3) To relinquishments of highway facilities for continued use for highway purposes.
(c) The provisions of this section do not apply:
(1) Where whole sections of the Interstate System are withdrawn under the provisions of 23 U.S.C. 103(e)(2) and (4), or
(2) Where real property has been acquired for planned highway purposes, but because of environmental concerns, widespread public objections, or other similar considerations, the State highway department (SHD) or other appropriate State authority determines not to construct the planned highway facility.