Section 37-1-7501-09015-300 - Encroachments on State Rights of Way Outside Municipalities1. The District Engineer or his designee in each of the six districts shall have the responsibility of locating, identifying, and acting as the Commission's agent in the removal of all signs, obstructions, and encroachments from the rights of way of state highways.2. Each agent will regularly inspect all highways in an assigned area and locate, identify and secure removal of all signs, billboards, structures, or other obstructions on or encroaching upon highway rights of way in violation of the law and the regulations of the Commission.3. The agent will prepare a report of each encroachment on Form MND-683 including a dated picture showing the encroachment and right of way line. Each line on the upper part of the form will be completed. The sketch is to be neat and legible, and must show: a.Centerline, appropriate right of way line, and distance from center line to right of way line.b. Location of encroachment with reference to the right of way line.c. Sign, supports, and legend, if encroachment is a sign.d. Size of other encroachments, if applicable.e. Any other details helpful in identifying the encroachment.4. The owner will be given a forty-five (45) day notice, by certified mail or personal delivery, properly witnessed, to remove the encroachment. A copy of the report (Form MND-683) will be attached to the notice. (A suggested format for this notice is shown at the end of this Rule).5. If, at the end of the forty-five (45) day period, the owner has not removed the encroachment or made satisfactory arrangements with the agent for removal, the steps will be taken as follows: a. SIMPLE SIGNS AND ENCROACHMENTS LYING WHOLLY WITHIN THE RIGHT OF WAY, WITHIN THE DISTRICT'S CAPABILITY TO REMOVE, AND THE REMOVAL OF WHICH IS NOT CONTESTED BY THE OWNER. i. Remove the encroachment immediately by District forces. The encroachment will be stored for thirty (30) days at the Maintenance Area Headquarters before disposing of them. Owners may retrieve the salvaged encroachment without penalty. b. COMPLEX SIGNS AND ENCROACHMENTS LOCATED PARTIALLY ON AND PARTIALLY OFF THE RIGHT OF WAY, THOSE NOT WITHIN THE DISTRICT'S CAPABILITY TO REMOVE, THOSE WHOSE REMOVAL HAS BEEN CONTESTED BY THE OWNER IN WRITING TO THE DISTRICT, AND THOSE SIGNS AND ENCROACHMENTS NOT COVERED IN (a) ABOVE.i. The agent will forward a copy of the notice to the owner, a copy of the report (Form MND-683), and a copy of the receipt (if notice was sent by certified mail) to the State Maintenance Engineer.ii. The State Maintenance Engineer will review the data submitted for completeness and adequacy and will transmit the file to the Legal Division (via the Assistant Chief Engineer-Operations) for further legal action.iii. The agent will meet the County or District Attorney or file affidavits against the owner when and as deemed necessary and as directed by Legal Counsel.37 Miss. Code. R. § 1-7501-09015-300