When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
We may grant a new right-of-way within or overlapping an existing right-of-way if it meets the following conditions:
(a) The applicant follows the procedures and requirements in this part to obtain a new right-of-way.
(b) The new right-of-way does not interfere with the use or purpose of the existing right-of-way and the applicant has obtained the consent of the existing right-of-way grantee. The existing right-of-way grantee may not unreasonably withhold consent.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.