2025 Session Last amended: 1983 session

§ 161.431 — Leasing of Highway Easement

Plain-Language Summary

When the state holds a highway easement on land that is not currently needed for trunk highway construction or use, the commissioner may lease that easement back to the property owner for a fair rental rate. If the owner refuses or cannot be found, the easement can be leased to a government agency or auctioned through public bidding. Seventy percent of the rent goes to the trunk highway fund, and 30 percent goes to the county where the easement is located.

Practical Notes
Property owners who have had their land encumbered by a highway easement may have the opportunity to lease back use of that land from the state while the easement remains in place. This can allow continued use of the property (for farming, for example) while the state retains its future highway rights. Landowners interested in leasing back their property should contact the Department of Transportation’s right-of-way office.