- of - way--Plats prepared by transportation department or county highway superintendent. If a new right - of - way is necessary for the building of a subway or overhead crossing on a state or county highway, the necessary right - of - way shall be obtained by the Department of Transportation or the board of county commissioners either by consent of the owners of the property sought, or by condemnation, after the property is properly surveyed and plats are prepared by the Department of Transportation, or county highway superintendent.
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