reglab/housing_qa huggingface dataset:
UT Code § 72-5-114 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 1 - Public Highways|Section 114 - Property acquired in advance of construction -- Lease or rental.

72-5-114. Property acquired in advance of construction -- Lease or rental.    (1)   (a) The department may acquire real property or interests or improvements in real property in advance of the actual construction, reconstruction, or improvement of highways in order to save on acquisition costs or avoid the payment of excessive damages.     (b) The real property or interests or improvements in real property may be leased or rented by the department in a manner, for a period of time, and for a sum determined by the department to be in the best interest of the state.       (2)   (a) The department may employ private agencies to manage rental properties when it is more economical and in the best interests of the state.     (b) All money received for leases and rentals, after deducting any portion to which the federal government may be entitled, shall be deposited with the state treasurer and credited to the Transportation Fund.      Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-5-115 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 1 - Public Highways|Section 115 - Acquisition of property devoted to or held for other public use.

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 of the person or agency in charge of the other public use, condemn real property to be exchanged with the person or agency for the real property to be taken for state transportation purposes.     (2) This section does not limit the department's authorization to acquire, other than by condemnation, property for exchange purposes.    Amended by Chapter 79, 2001 General Session
UT Code § 72-5-116 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 1 - Public Highways|Section 116 - Exemption from state licensure.

72-5-116. Exemption from state licensure.  In accordance with Section 61-2f-202, 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 Title 61, Chapter 2f, Real Estate Licensing and Practices Act:  (1) acquiring real estate pursuant to Section 72-5-103;     (2) disposing of real estate pursuant to Section 72-5-111;     (3) providing services that constitute property management, as defined in Section 61-2f-102; or     (4) leasing of real estate.    Amended by Chapter 379, 2010 General Session
UT Code § 72-5-117 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 1 - Public Highways|Section 117 - Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.

72-5-117. Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.    (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 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 proposed price and other terms of the purchase, sale, or exchange.     (2) The rules:   (a) shall establish procedures for determining the value of the real property;     (b) may provide that an appraisal, as defined under Section 61-2g-102, demonstrates the real property's value; and     (c) may require that the appraisal be completed by a state-certified general appraiser, as defined under Section 61-2g-102.       (3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or to an interest in real property:   (a) that is under a contract or other written agreement before May 5, 2008; or     (b) with a value of less than $100,000, as estimated by the state agency.      Amended by Chapter 289, 2011 General Session
UT Code § 72-5-118 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 1 - Public Highways|Section 118 - Unlawful road closures.

 Effective 5/14/2019  72-5-118. Unlawful road closures.    (1) Except as provided in Sections 72-1-212, 72-5-105, 72-6-114, and 72-7-103, 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 or R.S. 2477 right-of-way to permanently or temporarily close the road or R.S. 2477 right-of-way to vehicular traffic is guilty of a class C misdemeanor.     (2) This section does not apply to a road closure:   (a) by firefighters or peace officers responding to an emergency;     (b) that may result from a permanent or temporary closure of a public or private railroad crossing; or     (c) on an R.S. 2477 right-of-way across private land if a perpetual public right-of-way has not been granted through a settlement or court order.      Enacted by Chapter 295, 2019 General Session
UT Code § 72-5-201 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 2 - Rights-Of-Way Across State Lands|Section 201 - Purpose statement.

72-5-201. Purpose statement.    (1)   (a) The Legislature recognizes that highways provide tangible benefits to private and public lands of the state by providing access, allowing development, and facilitating production of income.     (b) Many of those highways traverse state lands, including lands held by the state in trust for the school children and public institutions of the state.     (c) Many of the existing highways have been previously established without an official grant of an easement or right of entry from this state, yet these highways often are the only access to private and public lands of the state.       (2) The Legislature intends to establish a means for ensuring continued access to the private and public lands of the state for the good of the people, while fulfilling its fiduciary responsibilities toward the schoolchildren by protecting their trust holdings against loss.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-5-202 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 2 - Rights-Of-Way Across State Lands|Section 202 - Definitions.

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 meaning as provided in Section 65A-1-1.     (3) "State lands" means sovereign and trust lands, as well as all other lands held by or on behalf of the departments, divisions, or institutions of the state.     (4) "Trust lands" has the same meaning as "school and institutional trust lands" as defined in Section 53C-1-103.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-5-302 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 302 - Rights-of-way across federal lands -- Title -- Presumption -- Scope.

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 72-3-102, 72-3-103, 72-3-104, 72-3-105, and 72-5-103.     (3)   (a) Acceptance of a right-of-way for the construction of a highway over public lands, not reserved for public uses, is presumed if the state or a political subdivision of the state makes a finding that the highway was constructed and the right-of-way was accepted prior to October 21, 1976.     (b) The existence of a highway in a condition suitable for public use establishes a presumption that the highway has continued in use in its present location since the land over which it is built was public land not reserved for public use.       (4)   (a) Unless specifically determined prior to the cut-off date provided in Section 72-5-301 by the state or a political subdivision of the state with authority over the R.S. 2477 right-of-way, the scope of the R.S. 2477 right-of-way is that which is reasonable and necessary for all highway uses as of the cut-off date determined according to the facts and circumstances, including:   (i) highway drainage facilities;     (ii) shoulders adjacent to the right-of-way; and     (iii) maintenance activities defined in Section 72-5-301 that are reasonable and necessary.       (b) Unless specifically determined by the state or political subdivision of the state with the authority over the R.S. 2477 right-of-way, an R.S. 2477 right-of-way is presumed to be at least 66 feet wide if that is the usual width of highway rights-of-way in the area.     (c) The scope of the R.S. 2477 right-of-way includes the right to widen the highway as necessary to accommodate the increased travel associated with those uses, up to, where applicable, improving a highway to two lanes so travelers can safely pass each other.       (5) The safety standards established by the Department of Transportation in accordance with Section 72-6-102 apply to all determinations of safety on R.S. 2477 rights-of-way used for vehicular travel.    Amended by Chapter 293, 2003 General Session
UT Code § 72-5-303 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 303 - Maintenance -- Impact on adjacent land owners.

72-5-303. Maintenance -- Impact on adjacent land owners.    (1)   (a) 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 vehicular travel.     (b) A decision to improve or not improve an R.S. 2477 right-of-way is a purely discretionary function.       (2) The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall exercise their rights without unreasonably interfering with one another.     (3) The holder of the R.S. 2477 right-of-way shall design and conduct construction and maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with applicable safety standards.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-5-304 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 304 - Mapping and survey requirements.

 Effective 7/1/2021  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, descriptions, and maps of county roads required by Sections 72-3-105 and 72-3-107 or on the State Geographic Information Database, created in Section 63A-16-506, required to be maintained by Subsection (3).     (3)   (a) The Utah Geospatial Resource Center, created in Section 63A-16-505, shall create and maintain a record of R.S. 2477 rights-of-way on the Geographic Information Database.     (b) The record of R.S. 2477 rights-of-way shall be based on information maintained by the Department of Transportation and cartographic, topographic, photographic, historical, and other data available to or maintained by the Utah Geospatial Resource Center.     (c) Agencies and political subdivisions of the state may provide additional information regarding R.S. 2477 rights-of-way when information is available.      Amended by Chapter 162, 2021 General SessionAmended by Chapter 345, 2021 General Session
UT Code § 72-5-305 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 305 - Term of grant -- Abandonment.

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)   (a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in Part 1, Public Highways, of this chapter.     (b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state.       (3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way.     (4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.    Renumbered and Amended by Chapter 270, 1998 General Session
UT Code § 72-5-306 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 306 - Assumption of risk -- Immunity -- Public safety.

72-5-306. Assumption of risk -- Immunity -- Public safety.    (1) An R.S. 2477 right-of-way not designated under Section 72-3-102, 72-3-103, or 72-3-104 as a Class A, B, or C road is traveled at the risk of the user.     (2) The state and its political subdivisions do not waive immunity under Title 63G, Chapter 7, Governmental Immunity Act of Utah, for injuries or damages occurring in or associated with any R.S. 2477 right-of-way.     (3) The state and its political subdivisions assume no liability for injury or damage resulting from a failure to maintain any:   (a) R.S. 2477 right-of-way for vehicular travel; or     (b) highway sign on an R.S. 2477 right-of-way.       (4) If the state or any political subdivision of the state chooses to maintain an R.S. 2477 right-of-way, the basic governmental objective involved in providing the improvements is the consistent promotion of public safety.     (5)   (a) The state recognizes that there are limited funds available to upgrade all R.S. 2477 rights-of-way to applicable safety standards.     (b) A decision by the state or a political subdivision of the state to allocate funds for maintaining an R.S. 2477 right-of-way is the result of evaluation and assigning of priorities for the promotion of public safety.     (c) The state or a political subdivision of the state must use its judgment and expertise to evaluate which safety feature improvements should be made first. In making this policy determination the state or a political subdivision of the state may:   (i) perform on-site inspections and weigh all factors relating to safety, including the physical characteristics and configuration of the R.S. 2477 right-of-way and the volume and type of traffic on the R.S. 2477 right-of-way; and     (ii) consult with transportation experts who have expertise to make an evaluation of the relative dangerousness of R.S. 2477 rights-of-way within their jurisdiction.        Amended by Chapter 382, 2008 General Session
UT Code § 72-5-307 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 307 - Agreement affecting R.S. 2477 right-of-way.

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 its intent to enter the agreement, together with a copy of the proposed final agreement, to the governing body of every county of the state through which the right-of-way extends.     (2) After receiving notice of the proposed agreement, the governing body of a county shall, within 60 days, give written notice to the political subdivision that:   (a) the county does not object to the proposed agreement; or     (b) the county objects to the proposed agreement.       (3) If the governing body of a county through which an R.S. 2477 right-of-way extends objects to a proposed agreement in accordance with Subsection (2), the political subdivision proposing to enter into the agreement may only enter into the agreement if it obtains declaratory relief from the district court. The relief shall be granted if the political subdivision shows by a preponderance of evidence that the proposed agreement does not materially affect the objecting county's interests.     (4) If the governing body of a county through which an R.S. 2477 right-of-way extends fails to object within 60 days after receiving notice, in accordance with Subsection (2), the county is considered not to have an objection.     (5) If a political subdivision fails to provide notice of a proposed agreement to a county as required by Subsection (1), the political subdivision is considered without authority to enter into the agreement, and the agreement is void.     (6) In accordance with the joint title provisions in Subsection 72-5-302(2), an agreement between a political subdivision of the state and the federal government may not affect the interests of the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.     (7) This section does not affect an agreement made solely for the purpose of:   (a) maintenance, as defined under Section 72-5-301; or     (b) preserving safe travel of an R.S. 2477 right-of-way.      Enacted by Chapter 123, 2001 General Session
UT Code § 72-5-308 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 308 - Provisions govern determinations -- Determinations effective dates.

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 of the courts to the extent that the provisions are consistent with state law, including common law, applicable as of the cut-off date.  Enacted by Chapter 293, 2003 General Session
UT Code § 72-5-309 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 5 - Rights-Of-Way Act|Part 3 - Rights-Of-Way Across Federal Lands Act|Section 309 - Acceptance of rights-of-way -- Notice of acknowledgment required.

 Effective 5/5/2021  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 applicable political subdivision as provided for in Section 72-5-103.     (2) If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.     (3) A notice of acknowledgment of the R.S. 2477 grant shall include:   (a) a statement of reasons for the acknowledgment;     (b) a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained;     (c) a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and     (d) a statement of the time limit provided in Section 72-5-310 for filing a petition.       (4)   (a)   (i) The governor or the governor's designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state's property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist.     (ii)   (A) A notice of acknowledgment recorded in the county recorder's office is not required to be accompanied by a paper copy of the center-line description.     (B) A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.     (C) An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:   (I) the county recorder's office; or     (II) the Utah Geospatial Resource Center created in Section 63F-1-506.           (b) A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon:   (i) expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or     (ii) a final court decision that the notice of acknowledgment was not incorrect.        Amended by Chapter 162, 2021 General Session