2025 Session Last amended: 1984 session

§ 161.43 — Relinquishment of Highway Easement

Plain-Language Summary

When the Department of Transportation no longer needs a highway easement it holds on private land, the commissioner may release the easement back to the property owner in exchange for payment equal to the appraised market value. If the owner refuses or cannot be located, the easement can be transferred to a government agency or the state can acquire the underlying land and sell it by public auction or through a licensed real estate broker.

Practical Notes
Property owners whose land was burdened by a highway easement that is no longer needed may be able to reclaim full ownership by paying the appraised value of the easement. If an owner is unaware that a highway easement has been released, they may miss the opportunity to buy it back at appraised value before it goes to public auction. The state can hire a real estate broker to sell the land if it remains unsold after auction, but the sale price must be at least 90 percent of appraised value.