--- kind: "section" citation: "23 U.S.C. § 107" title: "23" title_heading: "Highways" number: "107" heading: "Acquisition of rights-of-way—Interstate System" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/23/107" units: - "Chapter 1 — Federal-Aid Highways" --- # §107. Acquisition of rights-of-way—Interstate System - (a) In any case in which the [Secretary](/usc/23/101.md?p=a-27) is requested by a [State](/usc/23/101.md?p=a-28) to acquire lands or interests in lands (including within the term “interests in lands”, the control of access thereto from adjoining lands) required by such [State](/usc/23/101.md?p=a-28) for right-of-way or other purposes in connection with the prosecution of any [project](/usc/23/101.md?p=a-20) for the [construction](/usc/23/101.md?p=a-4), reconstruction, or improvement of any section of the [Interstate System](/usc/23/101.md?p=a-12), the [Secretary](/usc/23/101.md?p=a-27) is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation, or otherwise in accordance with the laws of the United States (including sections [3114](/usc/40/3114.md) to [3116](/usc/40/3116.md) and [3118](/usc/40/3118.md) of title 40), if— - (1) the [Secretary](/usc/23/101.md?p=a-27) has determined either that the [State](/usc/23/101.md?p=a-28) is unable to acquire necessary lands or interests in lands, or is unable to acquire such lands or interests in lands with sufficient promptness; and - (2) the [State](/usc/23/101.md?p=a-28) has agreed with the [Secretary](/usc/23/101.md?p=a-27) to pay, at such time as may be specified by the [Secretary](/usc/23/101.md?p=a-27) an amount equal to 10 per centum of the costs incurred by the [Secretary](/usc/23/101.md?p=a-27), in acquiring such lands or interests in lands, or such lesser percentage which represents the [State](/usc/23/101.md?p=a-28)’s pro rata share of [project](/usc/23/101.md?p=a-20) costs as determined in accordance with [subsection (c)](#c)[^1] of [section 120 of this title](/usc/23/120.md). The authority granted by this section shall also apply to lands and interests in lands received as grants of land from the United States and owned or held by railroads or other corporations. - (b) The costs incurred by the [Secretary](/usc/23/101.md?p=a-27) in acquiring any such lands or interests in lands may include the cost of examination and abstract of title, certificate of title, advertising, and any fees incidental to such acquisition. All costs incurred by the [Secretary](/usc/23/101.md?p=a-27) in connection with the acquisition of any such lands or interests in lands shall be paid from the funds for [construction](/usc/23/101.md?p=a-4), reconstruction, or improvement of the [Interstate System](/usc/23/101.md?p=a-12) apportioned to the [State](/usc/23/101.md?p=a-28) upon the request of which such lands or interests in lands are acquired, and any sums paid to the [Secretary](/usc/23/101.md?p=a-27) by such [State](/usc/23/101.md?p=a-28) as its share of the costs of acquisition of such lands or interests in lands shall be deposited in the Treasury to the credit of the appropriation for [Federal-aid highways](/usc/23/101.md?p=a-6) and shall be credited to the amount apportioned to such [State](/usc/23/101.md?p=a-28) as its [apportionment](/usc/23/101.md?p=a-1) of funds for [construction](/usc/23/101.md?p=a-4), reconstruction, or improvement of the [Interstate System](/usc/23/101.md?p=a-12), or shall be deducted from other moneys due the [State](/usc/23/101.md?p=a-28) for reimbursement from funds authorized to be appropriated under [section 108(b)](/usc/23/108.md?p=b) of the Federal-Aid Highway Act of 1956. - (c) The [Secretary](/usc/23/101.md?p=a-27) is further authorized and directed by proper deed, executed in the name of the United States, to convey any such lands or interests in lands acquired in any [State](/usc/23/101.md?p=a-28) under the provisions of this section, except the outside five feet of any such right-of-way in any [State](/usc/23/101.md?p=a-28) which does not provide control of access, to the [State transportation department](/usc/23/101.md?p=a-31) of such [State](/usc/23/101.md?p=a-28) or such political subdivision thereof as its laws may provide, upon such terms and conditions as to such lands or interests in lands as may be agreed upon by the [Secretary](/usc/23/101.md?p=a-27) and the [State transportation department](/usc/23/101.md?p=a-31) or political subdivisions to which the conveyance is to be made. Whenever the [State](/usc/23/101.md?p=a-28) makes provision for control of access satisfactory to the [Secretary](/usc/23/101.md?p=a-27), the outside five feet then shall be conveyed to the [State](/usc/23/101.md?p=a-28) by the [Secretary](/usc/23/101.md?p=a-27), as herein provided. - (d) Whenever rights-of-way, including control of access, on the [Interstate System](/usc/23/101.md?p=a-12) are required over lands or interests in lands owned by the United States, the [Secretary](/usc/23/101.md?p=a-27) may make such arrangements with the agency having jurisdiction over such lands as may be necessary to give the [State](/usc/23/101.md?p=a-28) or other person constructing the [projects](/usc/23/101.md?p=a-20) on such lands adequate rights-of-way and control of access thereto from adjoining lands, and any such agency is directed to cooperate with the [Secretary](/usc/23/101.md?p=a-27) in this connection. ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 892; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 193; Pub. L. 109–284, § 3(1), Sept. 27, 2006, 120 Stat. 1211.) ## Notes ### Editorial Notes ### References in Text Subsection (c) of section 120 of this title, referred to in subsec. (a)(2), was struck out and a new subsec. (c) was added by Pub. L. 102–240, title I, § 1021(a), Dec. 18, 1991, 105 Stat. 1950. The Federal-Aid Highway Act of 1956, referred to in subsec. (b), is act June 29, 1956, ch. 462, 70 Stat. 374. For complete classification of this Act to the Code, see Tables. Section 108(b) of the Federal-Aid Highway Act of 1956 is set out as a note under section 101 of this title. ### Amendments 2006—Subsec. (a). Pub. L. 109–284 substituted “sections 3114 to 3116 and 3118 of title 40” for “the Act of February 26, 1931, 46 Stat. 1421”. 1998—Subsec. (c). Pub. L. 105–178 substituted “State transportation department” for “State highway department” in two places.