(1) No
limited access highway shall be constructed that will result in
the severance or destruction of an existing recreational trail of
substantial usage for pedestrians, equestrians or bicyclists
unless an alternative recreational trail, satisfactory to the
authority having jurisdiction over the trail being severed or
destroyed, either exists or is reestablished at the time the
limited access highway is constructed. If a proposed limited
access highway will sever a planned recreational trail which is
part of a comprehensive plan for trails adopted by a state or
local governmental authority, and no alternative route for the
planned trail exists which is satisfactory to the authority which
adopted the comprehensive plan for trails, the state or local
agency proposing to construct the limited access highway shall
design the facility and acquire sufficient right-of-way to
accommodate future construction of the portion of the trail which
will properly lie within the highway right-of-way. Thereafter
when such trail is developed and constructed by the authority
having jurisdiction over the trail, the state or local agency
which constructed the limited access highway shall develop and
construct the portion of such trail lying within the right-of-way
of the limited access highway.
(2) Where a highway other than a limited access highway
crosses a recreational trail of substantial usage for
pedestrians, equestrians, or bicyclists, signing sufficient to
insure safety shall be provided.
(3) Where the construction or reconstruction of a highway
other than a limited access highway would destroy the usefulness
of an existing recreational trail of substantial usage for
pedestrians, equestrians, or bicyclists or of a planned
recreational trail for pedestrians, equestrians, or bicyclists
incorporated into the comprehensive plans for trails of the state
or any of its political subdivisions, replacement land, space, or
facilities shall be provided and where such recreational trails
exist at the time of taking, reconstruction of said recreational
trails shall be undertaken.
[1971 ex.s. c 130 § 1.]