A person engaged in certain natural resources industries who seeks a right-of-way across lands managed by the Department of Natural Resources (DNR) must file a written application with the DNR.  Upon receipt of such an application, the DNR must first appraise any damages or diminution to the value of land caused by the use of such right-of-way, including the value of any timber affected by the right-of-way, and must then notify the applicant of that appraisal.  Once the applicant has paid the appraised value identified by the DNR, the DNR is required to issue a right-of-way certificate to the applicant that describes the terms and conditions upon which the right-of-way is granted.

The obligation of the Department of Natural Resources (DNR) to issue a right-of-way certificate does not apply to an application for a right-of-way over land in which the federal government claims the exclusive right to grant an easement or right-of-way to third parties over such land.  This exception does not apply where the DNR disputes the claim by the federal government.  This exception may not be deemed an acknowledgement that the federal government holds any such exclusive granting rights.