Title 72, Title 72: Transportation Code

72-5-105. Highways, streets, or roads once established continue until abandoned -- Temporary closure -- Notice. (1) Except as provided in Subsections, (3), and (7), all public highways, streets, or roads once established shall continue to be highways, streets, or roads until form…

72-5-106. Expiration of franchise of toll bridge or road. If the franchise of any toll bridge or road expires by limitation, forfeiture, or nonuser it is a free public highway, and no claim shall be valid against the public for right-of-way or for land or material comprising the …

72-5-107. United States patents -- Patentee and county to assert claims to roads crossing land. (1) If any person acquires title from the United States to any land in this state over which any public highway extends that has not been duly platted, and that has not been continuous…

72-5-108. Width of rights-of-way for public highways. The width of rights-of-way for public highways shall be set as the highway authorities of the state, counties, or municipalities may determine for the highways under their respective jurisdiction.

72-5-109. Contributions of property by counties and municipalities. Counties and municipalities may contribute real or personal property to the department for state transportation purposes.

72-5-110. Acquisition of personal property -- Disposal of certain personal property. (1) The department may: acquire by gift, agreement, exchange, purchase, or otherwise machinery, tools, equipment, materials, supplies, or other personal property necessary for the administration,…

72-5-111. Disposal of real property. (1) If the department determines that any real property or interest in real property, acquired for a state transportation purpose, is no longer necessary for the purpose, the department may lease, sell, exchange, or otherwise dispose of the re…

72-5-112. Acquisition of real property from county, city, or other political subdivision -- Exchange. The department may purchase or otherwise acquire from any county, city, or other political subdivision of the state real property or interests in real property which may be excha…

72-5-113. Acquisition of entire lot, block, or tract -- Sale or exchange of remainder. If a part of an entire lot, block, tract of land, or interest or improvement in real property is to be acquired by the department and the remainder is to be left in a shape or condition of litt…

72-5-114. Property acquired in advance of construction -- Lease or rental. (1) The department may acquire real property or interests or improvements in real property in advance of the actual construction, reconstruction, or improvement of highways or public transit facilities in …

72-5-115. Acquisition of property devoted to or held for other public use. (1) If property devoted to or held for some other public use for which the power of eminent domain might be exercised is to be taken for state transportation purposes, the department may, with the consent …

72-5-116. Exemption from state licensure. In accordance with Section, an employee or authorized agent working under the oversight of the department when engaging in an act on behalf of the department related to one or more of the following is exempt from licensure under: (1) acqu…

72-5-117. Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions. (1) In accordance with, if the department buys, sells, or exchanges real property, the department shall make rules to ensure that the value of the real property is congruent with the…

72-5-118. Unlawful road closures. (1) Except as provided in Sections,,, and, an individual who knowingly places or authorizes the placement of a temporary or permanent barricade on a class A, B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class A, B, C, or D road o…

72-5-201. Legislative finding -- Ensuring access. (1) The Legislature finds that highways provide tangible benefits to private and public lands of the state by providing access, allowing development, and facilitating production of income. Many of those highways traverse state lan…

72-5-202. Definitions. As used in this part: (1) "Responsible authority" means a private party, the state of Utah, or a political subdivision of the state claiming rights to a highway right-of-way, easement, or right of entry across state lands. (2) "Sovereign lands" has the same…

72-5-203. Public easement or right of entry -- Grant -- Application -- Conditions. (1) Subject to Sectionand Subsection, a temporary public easement or right of entry is granted for each highway existing prior to January 1, 1992, that terminates at or within or traverses any stat…

72-5-301. Definitions. As used in this part: (1) "Acceptance," "acceptance of a right-of-way for the construction of a highway over public lands, not reserved for public uses," or "accepted" so as to vest the R.S. 2477 dominant estate in the right-of-way in the state and any appl…

72-5-302. Rights-of-way across federal lands -- Title -- Presumption -- Scope. (1) This part applies to all R.S. 2477 rights-of-way. (2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways in accordance with Sections,,,, and. 72-3-102 72-3-103 72-3…

72-5-303. Maintenance -- Impact on adjacent land owners. (1) The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for…

72-5-304. Mapping and survey requirements. (1) The Department of Transportation, counties, and cities are not required to possess centerline surveys for R.S. 2477 rights-of-ways. (2) To be accepted, highways within R.S. 2477 rights-of-way do not need to be included in the plats, …

72-5-305. Term of grant -- Abandonment. (1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term. (2) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the p…

72-5-306. Assumption of risk -- Immunity -- Public safety. (1) An R.S. 2477 right-of-way not designated under Section,, oras a Class A, B, or C road is traveled at the risk of the user. 72-3-102 72-3-103 72-3-104 (2) The state and its political subdivisions do not waive immunity …

72-5-307. Agreement affecting R.S. 2477 right-of-way. (1) Before a political subdivision of the state enters into an agreement with the federal government affecting the rights, status, or scope of an R.S. 2477 right-of-way, the political subdivision shall give written notice of i…

72-5-308. Provisions govern determinations -- Determinations effective dates. The provisions of this part pertaining to substantive standards for acceptance of the R.S. 2477 grant shall govern the R.S. 2477 assessments of the governor or the governor's designee and the decisions …

72-5-309. Acceptance of rights-of-way -- Notice of acknowledgment required. (1) The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the app…

72-5-310. Notice of acknowledgment -- Court determination -- Presumption of acceptance. (1) The governor or the governor's designee shall provide a copy of the notice of acknowledgement by certified mail and return receipt requested to: the last known owner of the servient estate…

72-5-401. Definitions. As used in this part: (1) "Corridor preservation" means planning or acquisition processes intended to: protect or enhance the capacity of existing transportation corridors; and protect the availability of proposed transportation corridors in advance of the …

72-5-402. Public purpose. (1) The Legislature finds and declares that the planning and preservation of transportation corridors is a public purpose, that the acquisition of public rights in private property for possible use as a transportation corridor years in advance is a publi…

72-5-403. Transportation corridor preservation powers. (1) The department, counties, and municipalities may: act in cooperation with one another and other government entities to promote planning for and enhance the preservation of transportation corridors and to more effectively …

72-5-404. Disposition of excess property rights. If the department has acquired property rights in land in proposed transportation corridors, and some or all of that land is eventually not used for the proposed transportation corridors, the department shall dispose of the propert…

72-5-405. Private owner rights. (1) The department, counties, and municipalities shall observe all protections conferred on private property rights, including,, and compensation for takings. Title 63L, Chapter 3, Private Property Protection Act Title 63L, Chapter 4, Constitutiona…

72-5-406. Rulemaking. In accordance with, the department shall make rules providing for private property owner petition procedures described in Section.

72-5-407. Voluntary purchase of property for corridor preservation -- Notice requirements. (1) As used in this section: "Greenbelt property" means land assessed under. Title 59, Chapter 2, Part 5, Farmland Assessment Act "Rollback tax" means the tax imposed under Section. 59-2-50…

72-5-501. Definitions. As used in this part: (1) "Common carrier pipeline" is a pipeline engaged in the transportation of petroleum products, including refined products, that holds itself out to provide transportation service to the public for compensation on reasonable terms. (2…

72-5-502. Pipeline right-of-way cooperation. If a proposed route for a finished product pipeline crosses a state or federal highway, the department shall cooperate with and assist the pipeline proponent in negotiating and siting of the highway-pipeline intersection.