Sec. 6.5. The department may require a private entity to agree, as a condition of the department leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would:
(1) cause irreparable soil disturbance; or
(2) have a detrimental effect on the department's facilities or on the facilities of other utilities co-located in the right-of-way;
will be considered abandoned without additional consideration upon notice to the department. The private entity shall notify in writing the department of any abandonment not later than sixty (60) days after abandonment. Upon being abandoned under this section, a facility may no longer be used for any purpose by any public or private entity.