| (a) The commission may authorize the lease of a highway
asset if it finds that:
(1) the interest to be leased will not be needed for
highway purposes during the period of the lease;
(2) the lease is for a purpose that is not inconsistent
with the applicable highway use; and
(3) the lease will be economically beneficial to the
department.
(b) The director may authorize the lease of a highway
asset if:
(1) the director makes the findings required by subsection
(a) of this section; and
(2) the term of the lease does not exceed two years,
or the lease contains a cancellation clause by which the department,
in its sole discretion, may terminate the lease with not more than
two years notice.
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