reglab/housing_qa huggingface dataset:
UT Code § 72-5-310 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 310 - Notice of acknowledgment -- Court determination -- Presumption of acceptance.

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:   (a) the last known owner of the servient estate in land over which the right-of-way or rights-of-way subject to the notice runs; and     (b) any person known to have a competing dominant estate ownership claim.       (2)   (a) A person with a servient estate or competing dominant estate ownership claim to the right-of-way may petition for a decision of the district court as to the correctness of the acknowledgment of acceptance of the R.S. 2477 grant issued under Section 72-5-309.     (b) Venue for the court action shall be the district court for Salt Lake County.     (c) The petition shall be filed no later than 60 days after the date on which the petitioner received a copy of the notice of acknowledgment.     (d) The state, through the governor or the governor's designee, shall be named as a respondent and served with a copy of the petition in accordance with the Utah Rules of Civil Procedure.     (e) No one other than a person with a servient estate ownership claim in land over which the right-of-way or rights-of-way subject to the notice runs or a competing dominant estate claim may challenge the correctness of a notice of acknowledgment.       (3) The petition for a court decision of the correctness of the notice of acknowledgment shall be a complaint governed by the Utah Rules of Civil Procedure and shall contain:   (a) the petitioner's name and mailing address;     (b) a copy of the notice of acknowledgment the petitioner asserts is incorrect;     (c) a request for relief specifying the type and extent of relief requested; and     (d) a statement of the reasons why the petitioner is entitled to relief.       (4) Except as provided under this Part 3, Rights-Of-Way Across Federal Lands Act, all pleadings and proceedings to determine the correctness of a notice of acknowledgment in the district court are governed by the Utah Rules of Civil Procedure.     (5) The court shall make its decision without deference to the notice of acknowledgment.     (6)   (a) In accordance with Section 72-5-302, a rebuttable presumption that the R.S. 2477 grant has been accepted is created when:   (i) a highway existed on public lands not reserved for public uses as of the cut-off date under Section 72-5-301; and     (ii) the highway currently exists in a condition suitable for public use.       (b) The proponent of the R.S. 2477 status of the highway bears the burden of proving acceptance of the grant by a preponderance of the evidence for all decisions that are not subject to Subsection (6)(a).      Amended by Chapter 9, 2006 General Session
UT Code § 72-5-401 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 401 - Definitions.

 Effective 5/8/2018  72-5-401. Definitions.  As used in this part:  (1) "Corridor" means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it.     (2) "Corridor preservation" means planning or acquisition processes intended to:   (a) protect or enhance the capacity of existing corridors; and     (b) protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction.       (3) "Development" means:   (a) the subdividing of land;     (b) the construction of improvements, expansions, or additions; or     (c) any other action that will appreciably increase the value of and the future acquisition cost of land.       (4) "Official map" means a map, drawn by government authorities and recorded in county recording offices that:   (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;     (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and     (c) for counties and municipalities may be adopted as an element of the general plan, pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part 4, General Plan.       (5) "Taking" means an act or regulation, either by exercise of eminent domain or other police power, whereby government puts private property to public use or restrains use of private property for public purposes, and that requires compensation to be paid to private property owners.    Amended by Chapter 424, 2018 General Session
UT Code § 72-5-402 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 402 - Public purpose.

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 public purpose, and that acquisition of public rights in private property for possible use as alternative transportation corridors is a public purpose, even if one or more of the transportation corridors is eventually not used for a public purpose, so long as reasonable evidence exists at the time of acquisition that the transportation facility will be developed within the time period established under this part.     (2) The Legislature finds and declares that the acquisition of private property rights for the preservation of transportation corridors should be done on a voluntary basis and not by the use of eminent domain powers.    Amended by Chapter 300, 2003 General Session
UT Code § 72-5-403 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 403 - Transportation corridor preservation powers.

72-5-403. Transportation corridor preservation powers.    (1) The department, counties, and municipalities may:   (a) 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 use the money available in the Marda Dillree Corridor Preservation Fund created in Section 72-2-117;     (b) undertake transportation corridor planning, review, and preservation processes; and     (c) acquire fee simple rights and other rights of less than fee simple, including easement and development rights, or the rights to limit development, including rights in alternative transportation corridors, and to make these acquisitions up to a projected 30 years in advance of using those rights in actual transportation facility construction.       (2) In addition to the powers described under Subsection (1), counties and municipalities may:   (a) limit development for transportation corridor preservation by land use regulation and by official maps; and     (b) by ordinance prescribe procedures for approving limited development in transportation corridors until the time transportation facility construction begins.       (3)   (a) The department shall identify and the commission shall approve transportation corridors as high priority transportation corridors for transportation corridor preservation.     (b) The department shall notify a county or municipality if the county or municipality has land within its boundaries that is located within the boundaries of a high priority transportation corridor.     (c) The department may, on a voluntary basis, acquire private property rights within the boundaries of a high priority transportation corridor for which a notification has been received in accordance with Section 10-9a-509 or 17-27a-508.      Amended by Chapter 121, 2012 General Session
UT Code § 72-5-404 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 404 - Disposition of excess property rights.

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 property rights in accordance with the provisions of Section 78B-6-521.  Amended by Chapter 3, 2008 General Session
UT Code § 72-5-405 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 405 - Private owner rights.

72-5-405. Private owner rights.    (1) The department, counties, and municipalities shall observe all protections conferred on private property rights, including Title 63L, Chapter 3, Private Property Protection Act, Title 63L, Chapter 4, Constitutional Takings Issues Act, and compensation for takings.     (2) Private property owners from whom less than fee simple rights are obtained for transportation corridors or transportation corridor preservation have the right to petition the department, a county, or a municipality to acquire the entire fee simple interest in the affected property.     (3)   (a) A private property owner whose property's development is limited or restricted by a power granted under this part may petition the county or municipality that adopted the official map to acquire less than or the entire fee simple interest in the affected property, at the option of the property owner.     (b) If the county or municipality petitioned under Subsection (3)(a) does not acquire the interest in the property requested by the property owner, then the county or municipality may not exercise any of the powers granted under this part to limit or restrict the affected property's development.      Amended by Chapter 382, 2008 General Session
UT Code § 72-5-406 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 406 - Rulemaking.

72-5-406. Rulemaking.  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for private property owner petition procedures described in Section 72-5-405.  Amended by Chapter 382, 2008 General Session
UT Code § 72-5-407 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 4 - Transportation Corridor Preservation|Section 407 - Voluntary purchase of property for corridor preservation -- Notice requirements.

 Effective 5/12/2020  72-5-407. Voluntary purchase of property for corridor preservation -- Notice requirements.    (1) As used in this section:   (a) "Greenbelt property" means land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.     (b) "Rollback tax" means the tax imposed under Section 59-2-506.       (2) Before purchasing greenbelt property for corridor preservation on a voluntary basis, the department, county, or municipality shall:   (a) provide written notice to the property owner that notifies the property owner that:   (i) because the property owner has agreed to sell the greenbelt property to a governmental entity on a voluntary basis, the property owner:   (A) is required to pay the rollback tax in accordance with Subsection 59-2-511(2)(b); and     (B) is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and       (ii) if the property owner does not sell the greenbelt property to the governmental entity on a voluntary basis and a governmental entity later acquires the greenbelt property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner:   (A) would not be required to pay the rollback tax in accordance with Subsection 59-2-511(3); and     (B) may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and         (b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (2)(a).       (3) Before purchasing any other real property not described in Subsection (2) for corridor preservation on a voluntary basis, the department, county, or municipality shall:   (a) provide written notice to the property owner that notifies the property owner that:   (i) because the property owner has agreed to sell the real property to a governmental entity on a voluntary basis, the property owner is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and     (ii) if the property owner does not sell the real property to the governmental entity on a voluntary basis and a governmental entity later acquires the real property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and       (b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (3)(a).       (4) The department shall create and publish the form of:   (a) the notices described in Subsections (2)(a) and (3)(a); and     (b) the statements described in Subsections (2)(b) and (3)(b).      Enacted by Chapter 69, 2020 General Session
UT Code § 72-6-101 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 101 - Title.

72-6-101. Title.  This chapter is known as the "Construction, Maintenance, and Operations Act."  Enacted by Chapter 270, 1998 General Session
UT Code § 72-6-102 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 102 - Uniform plans and specifications for construction and maintenance.

72-6-102. Uniform plans and specifications for construction and maintenance.  The department shall:  (1) prepare and adopt uniform standard plans and specifications for the construction and maintenance of state highways; and     (2) issue a manual containing plans and specifications for the information and guidance of officials having supervision of the construction and maintenance of state highways.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-6-103 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 103 - Plans, specifications, and estimates for culverts, bridges, and road construction.

72-6-103. Plans, specifications, and estimates for culverts, bridges, and road construction.  The department shall furnish plans, specifications, and estimates for culverts, bridges, road construction, and other related information desired by local highway authorities for use on county roads and city streets on terms mutually agreed upon.  Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-6-104 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 104 - Highways to conform to grade and direction in municipalities.

72-6-104. Highways to conform to grade and direction in municipalities.  Except for the highways part of the interstate system, a highway that extends through a municipality shall conform to the direction and grade of other streets in the municipality unless permission is obtained from the highway authorities of the municipality for a variance in the direction and grade.  Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-6-105 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 105 - Contracts for construction and maintenance -- Agreements with county or municipality.

72-6-105. Contracts for construction and maintenance -- Agreements with county or municipality.  The department may enter into written agreements on behalf of the state with any county or municipality for rights-of-way and the construction or maintenance of any part of a state highway:  (1) at the expense of the state;     (2) at the expense of any county or municipality; or     (3) at the joint expense of the state and any county and any municipality.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-6-106 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 106 - Use of recycled asphalt.

72-6-106. Use of recycled asphalt.    (1) In making plans, specifications, and estimates, and in advertising for bids under this chapter, the department shall allow up to 25% but may allow up to 60% reclaimed asphalt pavement to be incorporated into hot asphaltic concrete used for road construction and maintenance.     (2) The department shall ensure that hot asphaltic concrete incorporating reclaimed asphalt pavement meets or exceeds the department quality standards for roads constructed or maintained with hot asphaltic concrete not containing reclaimed asphalt pavement.     (3) If the department rejects any hot asphaltic concrete containing reclaimed asphalt pavement, the department shall give a written statement to the provider indicating the specific reasons the hot asphaltic concrete was rejected.     (4) This section does not authorize the state to directly or indirectly subsidize the production of hot asphaltic concrete containing reclaimed asphalt pavement.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-6-106.5 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 106.5 - Reuse of industrial byproducts.

72-6-106.5. Reuse of industrial byproducts.    (1) As used in this section:   (a) "Director" is as defined in Section 19-6-1102.     (b) "Industrial byproduct" has the same meaning as defined in Section 19-6-1102.     (c) "Public project" has the same meaning as defined in Section 19-6-1102.     (d) "Reuse" has the same meaning as defined in Section 19-6-1102.       (2) Consistent with the protection of public health and the environment and generally accepted engineering practices, the department shall, to the maximum extent possible considering budgetary factors:   (a) allow and encourage the reuse of an industrial byproduct in:   (i) a plan, specification, and estimate for a public project; and     (ii) advertising for a bid for a public project;       (b) allow for the reuse of an industrial byproduct in, among other uses:   (i) landscaping;     (ii) a general geotechnical fill;     (iii) a structural fill;     (iv) concrete or asphalt;     (v) a base or subbase; and     (vi) geotechnical drainage materials; and       (c) promulgate and apply public project specifications that allow reuse of an industrial byproduct based upon:   (i) cost;     (ii) performance; and     (iii) engineered equivalency in lifespan, durability, and maintenance.         (3) After the director issues an approval under Section 19-6-1104 and the department uses the industrial byproduct in compliance with the director's approval:   (a) the department is not responsible for further management of the industrial byproduct; and     (b) the generator or originator of the industrial byproduct is not responsible for the industrial byproduct under Title 19, Environmental Quality Code.      Amended by Chapter 360, 2012 General Session
UT Code § 72-6-108 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 108 - Class B and C roads -- Improvement projects -- Contracts -- Retainage.

 Effective 5/5/2021  72-6-108. Class B and C roads -- Improvement projects -- Contracts -- Retainage.    (1) A county executive for class B roads and the municipal executive for class C roads shall cause plans, specifications, and estimates to be made prior to the construction of any improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor, equipment, and materials.     (2)   (a) All projects in excess of the bid limit shall be performed under contract to be let to the lowest responsible bidder.     (b) If the estimated cost of the improvement project exceeds the bid limit for labor, equipment, and materials, the project may not be divided to permit the construction in parts, unless each part is done by contract.       (3) The advertisement on bids shall be posted:   (a) on the Utah Public Notice Website, created in Section 63A-16-601, for three weeks; and     (b) for at least 20 days in at least five public places in the county.       (4) The county or municipal executive or their designee shall receive sealed bids and open the bids at the time and place designated in the advertisement. The county or municipal executive or their designee may then award the contract but may reject any and all bids.     (5) The person, firm, or corporation that is awarded a contract under this section is subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code.     (6) If any payment on a contract with a private contractor for construction or improvement of a class B or C road is retained or withheld, the payment shall be retained or withheld and released as provided in Section 13-8-5.    Amended by Chapter 355, 2021 General Session
UT Code § 72-6-108.5 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 108.5 - Class B and C roads -- Federal-aid highway construction contract.

72-6-108.5. Class B and C roads -- Federal-aid highway construction contract.    (1) Subject to the requirements of 23 C.F.R. 1.3 and if requested by a local highway authority that is the sponsor of the federal-aid highway construction project, the department shall allow a local highway authority to be an additional contracting party for a federal-aid highway construction contract on a class B or C road along with the department.     (2) If a local highway authority makes a request to be an additional contracting party under Subsection (1), the department may include the local highway authority as an additional bondholder or obligee on the performance bond.     (3) Notwithstanding the provisions of this section, the department shall have the final authority to make decisions relating to a federal-aid highway construction contract on a class B or C road.    Enacted by Chapter 175, 2011 General Session
UT Code § 72-6-110 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 6 - Construction, Maintenance, and Operations Act|Part 1 - General Provisions|Section 110 - Supervision and standards of construction for class B and C roads.

72-6-110. Supervision and standards of construction for class B and C roads.    (1) All construction plans, specifications, and estimates and all construction work under Section 72-6-108 shall be prepared and performed under the direct supervision of a registered professional engineer.     (2) The supervising engineer shall certify to the county legislative body or the municipal executive that all road construction projects conform to design and construction standards as currently adopted by the American Association of State Highway and Transportation officials.    Renumbered and Amended by Chapter 270, 1998 General Session