Notwithstanding the provisions of § 31-26-23 , the Department of Transportation may enter into agreements with the owners of utility lines and facilities providing for the future relocation, at the department's expense, of utility lines and facilities located within any highway right - of - way. However, the department may enter into such agreements only if existing utility lines or facilities on private property will be located within the right - of - way as the result of a highway construction project.
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