2025 Session Last amended: 1976 session

§ 161.411 — Sale of Surplus Earth Material

Plain-Language Summary

When a trunk highway construction project will produce more excavated earth material than needed, the commissioner may sell the surplus material to a local government or public agency at a fair price. The construction bid must include an item reflecting any cost change to the state from the planned sale. The state cannot sell the material for less than what the sale costs the state.

Practical Notes
This provision allows local governments to obtain fill material from highway projects at a reasonable cost rather than having the state haul it away. The requirement to include a bid item for the material ensures that the sale does not cost the state more than it receives in payment. Local governments interested in surplus material from nearby highway projects should contact the Department of Transportation during the project planning phase.