(1) A highway authority may enter into a non-exclusive lease agreement for the use of the navigable airspace above a highway for private purposes: (a) for such period as the highway authority determines the navigable airspace will not be needed for public purposes; and (b) upon other terms and conditions the highway authority finds to be in the public interest. (2) Before entering into a lease agreement for the use of navigable airspace, a highway authority shall ensure that the agreement described in Subsection (1) is consistent with Federal Aviation Administration requirements. (3) The highway authority shall determine whether the agreement described in Subsection (1) will unreasonably interfere with the public use and utility of the highway and is in the public interest. (4) An agreement described in Subsection (1) does not affect the dedication of the highway under Section 72-5-104. Manufactured or Assembled by a Covered Foreign
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