Ala. Admin. Code r. 450-3-1-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 450-3-1-.10 - Property Located On The Highway Right-Of-Way

(1) Regulations Concerning Removal, Storage, and Disposal of Property Placed, Lost, or Abandoned on Public Highways or Within Right of Way Limits Thereof and Trespass on Highway Right of Way.

(a) Any property placed, lost or abandoned on a public highway, or within the right of way limits thereof, may be removed by the Department if it is a hazard to traffic. If there is no immediate hazard to traffic, the property may not be removed for a reasonable period, and an effort may be made to identify and/or contact the owner to secure its removal. If it is not possible or productive to contact the owner or otherwise effect removal, the property may be removed by the Department.

(b) In the event the property is removed by the Department, it will be stored at the local District office for no more than sixty (60) days. The property may be claimed by the owner upon payment of the cost of removal. The Department shall not be responsible for any damage caused by removal of the property. Unclaimed property may be disposed of after sixty (60) days.

(c) The provisions of this paragraph shall not apply to part (2) of this section, below.

(2) The Accommodation of Mailboxes and Newspaper Delivery Boxes on Public Highway Rights-of-Way

(a) The Department of Transportation adopts and incorporates by reference the Roadside Design Guide, Chapter 11: Erecting Mailboxes on Streets and Highways, American Association of State Highway and Transportation Officials, 4^th Edition (2011), as amended. A copy may be requested by contacting AASHTO at 444 N. Capitol St. NW Suite 249 Washington, DC 20001 or by accessing www.transportation.org.

Ala. Admin. Code r. 450-3-1-.10

Filed September 30, 1982. Repealed: Filed May 17, 2013; effective June 21, 2013.

Renumbered from 450-3-1-.07 Alabama Administrative Monthly Volume XXXIV, Issue No. 03, December 31, 2015, eff. 1/18/2016.

Rule .10 was previously .07 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016.

Author: Jim R. Ippolito, Jr., Chief Counsel

Statutory Authority:Code of Ala. 1975, §§ 6-5-214, 6-5-216, 23-1-59.