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A ROW also requires a consideration payment. A consideration payment is a single remittance, made in advance for the use of the trust lands for the entire term of the ROW contract. The consideration payment is invoiced by the State Land Board to the the applicant and is due once the contract has been signed. The minimum consideration payment for a ROW on state trust land is $5,000. See the State Land Board’s Fees & Payment Considerations schedule for details.
Following the pre-application consultation the applicant can submit an application for a Temporary Access Permit that will allow surveyors or other consultants required to complete due diligence to access the property. The temporary access permit request must be sent to the appropriate District Office with a copy to the Right-of-Way Manager. There are specific requirements for the Land Survey which must be met.
Once a completed application is received, the Right-of-Way Manager will evaluate the request and determine if the ROW can be approved by Staff or requires Board approval. In general, rights-of-way for public roads, utility transmission lines, and/or for terms longer than 30-years require Board approval. In addition, ROW’s that do not follow section lines or an existing right-of-way require Board review and approval.
If the application does not require Board review and approval, the manager will determine the consideration payment and prepare a contract for signature. Staff-approved applications generally take 30 days and Board approved applications generally take 60 days.
If the ROW holder does not wish to renew or continue the contract, they must notify the Board in writing at least six months prior to the expiration date of the ROW. Such notice shall address how and when all equipment will be removed and the premises restored to its original condition.
If the lessee fails to notify the Board of their intent to either extend or surrender the contract within the final six months of the contract term, all improvements located within the ROW will be deemed abandoned and may, at the Board’s option, be removed by the Board at the ROW holder’s expense, retained by the Board, or sold by the Board with all proceeds going to the Board.