US Laws, Codes, Statutes & Cases

895.  If federal funds are available for reimbursement therefor, the
department may acquire, either in fee or in any lesser estate or
interest, real property adjacent to any highway included in the
national system of interstate and defense highways or the federal-aid
primary highway system, which the department considers necessary for
the preservation, maintenance or conservation of scenic lands or
areas adjacent to such highways or which it considers necessary to
preserve, improve or enhance the scenic beauty of or points of
interest in the lands or areas traversed by such highways.  Nothing
in this section shall authorize the use of eminent domain to acquire
any dwelling or any building or other enclosure, and the
appurtenances thereto, in which commercial activities are conducted.



896.  The Legislature hereby declares that the acquisition of
interests in real property for the preservation, maintenance or
conservation of scenic lands or areas adjacent to any highway
included in the national system of interstate and defense highways or
the federal-aid primary highway system or to preserve, improve or
enhance the natural beauty of points of interest in the lands or
areas traversed by such highways provided for in Section 895
constitutes a public use and purpose.



897.  The department may convey or lease such property back to its
original owner or to another person or entity in the manner and
subject to such reservations, conditions, covenants or other
contractual arrangements approved by the commission as will preserve
the scenic character or beauty of the area traversed by the highway.