reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 204 - Dinosaur Diamond Prehistoric Highway.

72-4-204.
Dinosaur Diamond Prehistoric Highway.
(1) There is established the Dinosaur Diamond Prehistoric Highway comprising the existing highways beginning on Route 191 in Blanding north to the frontage road of Route 70 at Crescent Junction, then west on the frontage road of Route 70 to Green River, then northerly on Route 191 and Route 6 to Route 10 near Price, then:
(a) south on Route 10 to Castle Dale, then North on Route 10 to Route 155, then south on Route 155 to the Cleveland Lloyd Dinosaur Quarry via its access road; and
(b) northerly on Route 191 and Route 6 to Helper and the State of Utah Indian Canyon Scenic Byway, then northeasterly on Route 191 to Route 40 in Duchesne, then east on Route 40 and Route 191 to Vernal, and then east on Route 40 to Route 149, then northeasterly on Route 149 to the Dinosaur National Monument, then southwesterly on Route 149 to Route 40, then east on Route 40 to the Utah and Colorado state boundary line.
(2) In addition to other official designations, the Department of Transportation shall designate and highlight the portions of the highways identified in Subsection (1) as the Dinosaur Diamond Prehistoric Highway on all future state highway maps.
Enacted by Chapter 214, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 205 - Ram Boulevard.

72-4-205.
Ram Boulevard.
(1) There is established Ram Boulevard comprising a section of Route 118 in Monroe from 1450 West along 100 South to Main Street.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as Ram Boulevard.
Enacted by Chapter 77, 2001 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 206 - The Utah Fruitway.

72-4-206.
The Utah Fruitway.
(1) There is established the Utah Fruitway comprising a section of Route 89 beginning at the Box Elder and Weber County line north to the south city limit of Brigham City.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Utah Fruitway on future state highway maps.
Enacted by Chapter 66, 2002 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 207 - The Purple Heart Trail.

72-4-207.
The Purple Heart Trail.
(1) There is established the Purple Heart Trail comprising Route 80, which is also known as Interstate 80, the Dwight D. Eisenhower Highway, beginning at the Nevada-Utah state line in Wendover, east to the Wyoming-Utah state line west of Evanston, Wyoming.
(2) In addition to other official designations, the Department of Transportation shall designate the highway identified in Subsection (1) as the Purple Heart Trail on future state highway maps.
Enacted by Chapter 164, 2002 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 208 - James V. Hansen Highway.

72-4-208.
James V. Hansen Highway.
(1) There is established the James V. Hansen Highway comprising a section of Route 89 beginning in Farmington at the Route 89 and Interstate Highway 15 interchange north to Route 203, Harrison Boulevard in South Ogden.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the James V. Hansen Highway on future state highway maps.
Enacted by Chapter 130, 2003 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 209 - Mormon Pioneer Heritage Area.

72-4-209.
Mormon Pioneer Heritage Area.
(1) There is established a state heritage area known as the Mormon Pioneer Heritage Area comprising a section of Route 89 beginning in Fairview to Kanab and including the Boulder Loop in Garfield and Wayne Counties.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Mormon Pioneer Heritage Area on future state highway maps.
Enacted by Chapter 127, 2004 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 210 - K. Gunn McKay Highway.

72-4-210.
K. Gunn McKay Highway.
(1) There is established the K. Gunn McKay Highway comprising a section of Route 39 beginning in Ogden at the junction with Harrison Boulevard east to the junction with Huntsville First Street.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the K. Gunn McKay Highway on future state highway maps.
Enacted by Chapter 87, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 211 - Mike Dmitrich Highway.

Effective 5/14/2019
72-4-211.
Mike Dmitrich Highway.
(1) There is established the Mike Dmitrich Highway composed of the existing Highway 6 from Interstate 15 to Interstate 70.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Mike Dmitrich Highway on future state highway maps.
(3) As soon as practicable, the Department of Transportation shall install appropriate signs along portions of the highway indicating the designation as the Mike Dmitrich Highway as described in Subsection (1).
Amended by Chapter 209, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 212 - Pete Suazo Memorial Highway.

72-4-212.
Pete Suazo Memorial Highway.
(1) There is established the Pete Suazo Memorial Highway composed of the existing Route 68 in Salt Lake City from 2100 South to 1700 North.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Pete Suazo Memorial Highway on future state highway maps.
Enacted by Chapter 92, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 213 - Pioneer Trail Memorial Highway.

72-4-213.
Pioneer Trail Memorial Highway.
(1) There is established the Pioneer Trail Memorial Highway comprising the existing highways beginning at the junction of Route 84 and Route 65 and proceeding southwesterly on Route 65 to the junction of Route 65 and Emigration Canyon Road; then beginning again in Salt Lake City at the junction of Route 186 and Sunnyside Avenue and proceeding westerly on Route 186 to Interstate Route 15.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Pioneer Trail Memorial Highway on future state highway maps.
Enacted by Chapter 301, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 214 - Cory B. Wride Memorial Highway.

Effective 5/13/2014
72-4-214.
Cory B. Wride Memorial Highway.
(1) There is established the Cory B. Wride Memorial Highway composed of the existing Route 73 from Route 68 westerly to the Tooele County line.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Cory B. Wride Memorial Highway on future state highway maps.
Enacted by Chapter 204, 2014 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 215 - Vietnam Veterans Memorial Highway.

Effective 5/12/2015
72-4-215.
Vietnam Veterans Memorial Highway.
(1) There is established the Vietnam Veterans Memorial Highway composed of the existing portions of Interstate 84 located within the state.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Vietnam Veterans Memorial Highway on future state highway maps.
Enacted by Chapter 309, 2015 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 216 - Chief Special Warfare Operator (SEAL) Jason R. Workman Memorial Bridge.

Effective 5/10/2016
72-4-216.
Chief Special Warfare Operator (SEAL) Jason R. Workman Memorial Bridge.
There is established the Chief Special Warfare Operator (SEAL) Jason R. Workman Memorial Bridge spanning the San Juan River on Route 163 in Mexican Hat.
Enacted by Chapter 79, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 217 - Minuteman Highway.

Effective 5/9/2017
72-4-217.
Minuteman Highway.
(1) There is established the Minuteman Highway composed of the existing Highway 85 in Salt Lake County from Porter Rockwell Boulevard to 7800 South in West Jordan.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Minuteman Highway on future state highway maps.
Enacted by Chapter 82, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 218 - Navajo Code Talker Highway.

Effective 5/14/2019
72-4-218.
Navajo Code Talker Highway.
(1) There is established the Navajo Code Talker Highway composed of the existing Highway 162 in San Juan County from the Utah-Colorado border near Aneth to Bluff, then Highway 191 and Highway 163 southwest through Mexican Hat to the Utah-Arizona border near Monument Valley.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as the Navajo Code Talker Highway on future state highway maps.
(3) As soon as practicable, the Department of Transportation shall install appropriate signs along portions of highway indicating the designation as the Navajo Code Talker Highway as described in Subsection (1).
Enacted by Chapter 82, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 219 - Grand Army of the Republic Highway.

Effective 5/14/2019
72-4-219.
Grand Army of the Republic Highway.
(1) There is established the Grand Army of the Republic Highway composed of the existing Highway 6 within the state.
(2) In addition to other official designations, the Department of Transportation shall designate the highway identified in Subsection (1) as the Grand Army of the Republic Highway on future state highway maps.
Enacted by Chapter 209, 2019 General Session
Technically renumbered to avoid duplication of section number used in SB 101, Chapter 82.
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 2 - Special Designations › Section 220 - Golden Spike/Lincoln Memorial Highway.

Effective 5/3/2023
72-4-220.
Golden Spike/Lincoln Memorial Highway.
(1) There is established the Golden Spike/Lincoln Memorial Highway comprising a section of Route 13 beginning in Brigham City at the Route 13 and Interstate Highway 15 interchange westerly to the Route 13, Route 83, and 4800 West intersection in Corrine, then a section of Route 83 beginning in Corrine at the Route 13, Route 83, and 4800 West intersection westerly to the Route 83 and Golden Spike Drive intersection.
(2) In addition to other official designations, the Department of Transportation shall designate the portions of the highways identified in Subsection (1) as the Golden Spike/Lincoln Memorial Highway on future state highway maps.
(3) The Department of Transportation shall, when signs along the portions of highway described in Subsection (1) need to be replaced and not sooner, install appropriate signs along the portions of the highways described in Subsection (1) indicating the designation of the portions of the highways as the Golden Spike/Lincoln Memorial Highway.
Enacted by Chapter 379, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 3 - Utah State Scenic Byway Program › Section 301 - Definitions.

Affected by 63I-1-272 on 1/2/2025
72-4-301.
Definitions.
As used in this part:
(1) "Committee" means the Utah State Scenic Byway Committee created in Section 72-4-302.
(2) "Corridor management plan" means a written document:
(a) required to be submitted for a highway to be nominated as a National Scenic Byway or All-American Road that specifies the actions, procedures, controls, operational practices, and administrative strategies to maintain the scenic, historic, recreational, cultural, archeological, and natural qualities of a scenic byway; and
(b) adopted by each municipality or county affected by the corridor management plan.
(3) "Non-scenic area" means:
(a) any property that is unzoned or zoned for commercial or industrial use adjoining a highway that does not contain at least one of the intrinsic qualities described in Subsection 72-4-303(1)(b) immediately upon the property; or
(b) any property that is unzoned or zoned for commercial or industrial use that contains an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but the intrinsic quality does not represent the primary use of the property.
(4) "Segmentation" means:
(a) removing the scenic byway designation from a portion of an existing scenic byway that adjoins a non-scenic area; or
(b) excluding a portion of a highway from a scenic byway designation where the highway adjoins a non-scenic area.
Amended by Chapter 195, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 3 - Utah State Scenic Byway Program › Section 301.5 - Designation of highways as a National Scenic Byway or All-American Road -- Legislative approval.

Affected by 63I-1-272 on 1/2/2025
72-4-301.5.
Designation of highways as a National Scenic Byway or All-American Road -- Legislative approval.
(1) Except as provided in Section 72-4-304, a highway or state scenic byway may not be nominated for designation as a National Scenic Byway or All-American Road unless the corridor management plan that will be submitted with the application for the highway or state scenic byway to be nominated for designation as a National Scenic Byway or All-American Road is approved by the Legislature.
(2)
(a) In accordance with Subsection (1), the Legislature may:
(i) approve the corridor management plan;
(ii) approve the corridor management plan with conditions specified by the Legislature; or
(iii) deny the corridor management plan.
(b) Upon a decision by the Legislature under Subsection (2)(a), the nominating entity is not required to move forward with the nomination for the National Scenic Byway or All-American Road designation.
Amended by Chapter 195, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 3 - Utah State Scenic Byway Program › Section 302 - Utah State Scenic Byway Committee -- Creation -- Membership -- Meetings -- Expenses.

Affected by 63I-1-272 on 1/2/2025
Effective 7/1/2021
72-4-302.
Utah State Scenic Byway Committee -- Creation -- Membership -- Meetings -- Expenses.
(1) There is created the Utah State Scenic Byway Committee.
(2)
(a) The committee shall consist of the following 13 members:
(i) a representative from each of the following entities appointed by the governor:
(A) the Governor's Office of Economic Opportunity;
(B) the Utah Department of Transportation;
(C) the Department of Cultural and Community Engagement;
(D) the Division of State Parks;
(E) the Federal Highway Administration;
(F) the National Park Service;
(G) the National Forest Service; and
(H) the Bureau of Land Management;
(ii) one local government tourism representative appointed by the governor;
(iii) a representative from the private business sector appointed by the governor; and
(iv) three local elected officials from a county, city, or town within the state appointed by the governor.
(b) Except as provided in Subsection (2)(c), the members appointed in this Subsection (2) shall be appointed for a four-year term of office.
(c) The governor shall, at the time of appointment or reappointment for appointments made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(3)
(a) The representative from the Governor's Office of Economic Opportunity shall chair the committee.
(b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as nonvoting, ex officio members of the committee.
(4) The Governor's Office of Economic Opportunity and the department shall provide staff support to the committee.
(5)
(a) The chair may call a meeting of the committee only with the concurrence of the department.
(b) A majority of the voting members of the committee constitute a quorum.
(c) Action by a majority vote of a quorum of the committee constitutes action by the committee.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 184, 2021 General Session
Amended by Chapter 280, 2021 General Session
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 4 - Designation of State Highways Act › Part 3 - Utah State Scenic Byway Program › Section 304 - Exceptions to approval and segmentation requirements.

Affected by 63I-1-272 on 1/2/2025
72-4-304.
Exceptions to approval and segmentation requirements.
(1) Legacy Parkway, from the junction of I-215 in Davis County northerly to the junction with US 89 and I-15:
(a) is exempt from the legislative approval requirement in Section 72-4-301.5; and
(b) may not be segmented.
(2) A highway nominated for National Scenic Byway or All-American Road designation prior to January 1, 2009 is exempt from the legislative approval requirement in Section 72-4-301.5.
Enacted by Chapter 393, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 102 - Definitions.

Effective 5/3/2023
72-5-102.
Definitions.
As used in this part, "state transportation purposes" includes:
(1) highway, public transit facility, and transportation rights-of-way, including those necessary within cities and towns;
(2) the construction, reconstruction, relocation, improvement, maintenance, and mitigation from the effects of these activities on state highways and other transportation facilities, including parking facilities, under the control of the department;
(3) limited access facilities, including rights of access, air, light, and view and frontage and service roads to highways;
(4) adequate drainage in connection with any highway, cut, fill, or channel change and the maintenance of any highway, cut, fill, or channel change;
(5) weighing stations, shops, offices, storage buildings and yards, and road maintenance or construction sites;
(6) road material sites, sites for the manufacture of road materials, and access roads to the sites;
(7) the maintenance of an unobstructed view of any portion of a highway to promote the safety of the traveling public;
(8) the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers, and obstructions for the convenience of the traveling public;
(9) the construction and maintenance of storm sewers, sidewalks, and highway illumination;
(10) the construction and maintenance of livestock highways;
(11) the construction and maintenance of roadside rest areas adjacent to or near any highway; and
(12) the mitigation of impacts from transportation projects.
Amended by Chapter 22, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 103 - Acquisition of rights-of-way and other real property -- Title to property acquired.

72-5-103.
Acquisition of rights-of-way and other real property -- Title to property acquired.
(1) The department may acquire any real property or interests in real property necessary for temporary, present, or reasonable future state transportation purposes by gift, agreement, exchange, purchase, condemnation, or otherwise.
(2)
(a)
(i) Title to real property acquired by the department or the counties, cities, and towns by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or other transportation purposes may be in fee simple or any lesser estate or interest.
(ii) Title to real property acquired by the department for a public transit project shall be transferred to the public transit district responsible for the project.
(iii) A public transit district shall cover all costs associated with any condemnation on its behalf.
(b) If the highway is a county road, city street under joint title as provided in Subsection 72-3-104(3), or right-of-way described in Title 72, Chapter 5, Part 3, Rights-Of-Way Across Federal Lands Act, title to all interests in real property less than fee simple held under this section is held jointly by the state and the county, city, or town holding the interest.
(3) A transfer of land bounded by a highway on a right-of-way for which the public has only an easement passes the title of the person whose estate is transferred to the middle of the highway.
Amended by Chapter 79, 2001 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 104 - Public use constituting dedication -- Scope.

Effective 5/12/2020
72-5-104.
Public use constituting dedication -- Scope.
(1) As used in this section,"highway," "street," or "road" does not include an area principally used as a parking lot.
(2) A highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of 10 years.
(3) The requirement of continuous use under Subsection (2) is satisfied if the use is as frequent as the public finds convenient or necessary and may be seasonal or follow some other pattern.
(4) Continuous use as a public thoroughfare under Subsection (2) is interrupted when:
(a) the person or entity interrupting the continuous use gives not less than 72 hours advance written notice of the interruption to the highway authority having jurisdiction of the highway, street, or road;
(b) the property owner undertakes an overt act which is intended to interrupt the use of the highway, street, or road as a public thoroughfare; and
(c) the overt act described in Subsection (4)(b) is reasonably calculated to interrupt the regularly established pattern and frequency of public use for the given highway, street, or road for a period of no less than 24 hours.
(5) Installation of gates and posting of no trespassing signs are relevant forms of evidence but are not solely determinative of whether an interruption under Subsection (4) has occurred.
(6) A property owner's interruption under Subsection (4) of a highway, street, or road where the requirement of continuous use under Subsection (2) is not satisfied restarts the running of the 10-year period of continuous use required for dedication under Subsection (2).
(7)
(a) The burden of proving dedication under Subsection (2) is on the party asserting the dedication.
(b) The burden of proving interruption under Subsection (4) is on the party asserting the interruption.
(8)
(a) The dedication and abandonment creates a right-of-way held by the state or a local highway authority in accordance with Sections 72-3-102, 72-3-103, 72-3-104, 72-3-105, and 72-5-103.
(b) A property owner's interruption under Subsection (4) of a right-of-way claimed by the state or local highway authority in accordance with Subsection (8)(a) or R.S. 2477 has no effect on the validity of the state's or local highway authority's claim to the right-of-way and does not return the right-of-way to the property owner.
(9) The scope of a right-of-way described in Subsection (8)(a) is that which is reasonable and necessary to ensure safe travel according to the facts and circumstances.
(10) The provisions of this section apply to any claim under this section for which a court of competent jurisdiction has not issued a final unappealable judgment or order.
Amended by Chapter 293, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 106 - Expiration of franchise of toll bridge or road.

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 bridge or road.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 107 - United States patents -- Patentee and county to assert claims to roads crossing land.

72-5-107.
United States patents -- Patentee and county to assert claims to roads crossing land.
(1)
(a) 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 continuously used as a public highway for a period of 10 years, the person shall within three months after receipt of the person's patent assert the person's claim for damages in writing to the county executive of the county in which the land is situated.
(b) The county legislative body shall have an additional period of three months in which to begin proceedings to condemn the land according to law.
(2)
(a) The highway shall continue open as a public highway during the periods described under Subsection (1).
(b) If no action is begun by the county executive within the period described under Subsection (1)(b), the highway shall be considered to be abandoned by the public.
(3) In case of a failure by the person so acquiring title to public lands to assert his claim for damage during the three months from the time the person received a patent to the lands, the person shall thereafter be barred from asserting or recovering any damages by reason of the public highway, and the public highway shall remain open.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 108 - Width of rights-of-way for public highways.

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.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 110 - Acquisition of personal property -- Disposal of certain personal property.

72-5-110.
Acquisition of personal property -- Disposal of certain personal property.
(1) The department may:
(a) acquire by gift, agreement, exchange, purchase, or otherwise machinery, tools, equipment, materials, supplies, or other personal property necessary for the administration, construction, maintenance, and operation of the state highways; and
(b) sell, exchange, or otherwise dispose of the machinery, tools, equipment, materials, supplies, and other personal property described in Subsection (1)(a) when no longer suitable or required for state transportation purposes.
(2) In accordance with Section 63A-2-409, the department is exempt from using the state surplus property program when disposing of surplus personal property that was acquired as part of a transaction or legal action by the department acquiring real property for a state transportation purpose.
(3) Proceeds from the sale, exchange, or other disposition of property described in Subsection (2) shall be deposited with the state treasurer and credited to the Transportation Fund.
Amended by Chapter 15, 2013 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 112 - Acquisition of real property from county, city, or other political subdivision -- Exchange.

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 exchanged for or used in the purchase of other real property or interests in real property to be used in connection with the construction, maintenance, or operation of state highways.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 1 - Public Highways › Section 113 - Acquisition of entire lot, block, or tract -- Sale or exchange of remainder.

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 little value to its owner or to give rise to claims or litigation concerning damages, the department may acquire the whole of the property and may sell the remainder or may exchange it for other property needed for highway purposes.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 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.

Effective 5/3/2023
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 or public transit facilities 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.
Amended by Chapter 22, 2023 General Session
2023 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
2023 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
2023 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.

Effective 5/3/2023
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;
(c) may require that the appraisal be completed by a state-certified general appraiser, as defined under Section 61-2g-102; and
(d) may provide for the sale or exchange of real property, with or without charge, to a large public transit district if the executive director enters into an agreement with the large public transit district and determines that the real property:
(i) is within the boundaries of a station area that has a station area plan certified by a metropolitan planning organization in accordance with Section 10-9a-403.1;
(ii) is part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802;
(iii) is adjacent to a completed fixed guideway capital development that was overseen by the department; or
(iv) will only be used by the large public transit district in a manner that the executive director determines will provide a benefit to the state transportation system.
(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 219, 2023 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 2 - Rights-Of-Way Across State Lands › Section 203 - Public easement or right of entry -- Grant -- Application -- Conditions.

72-5-203.
Public easement or right of entry -- Grant -- Application -- Conditions.
(1)
(a)
(i) Subject to Section 53C-1-302 and Subsection 53C-1-204(1), 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 state lands and that has been constructed and maintained or used by a responsible authority.
(ii) The temporary public easement or right of entry granted under Subsection (1)(a)(i) is 100 feet wide for each class A and B highway.
(b) Each easement shall remain in effect through June 30, 2004, or until a permanent easement or right of entry has been established under Subsection (2), whichever is greater.
(2)
(a) The School and Institutional Trust Lands Administration and the Division of Forestry, Fire, and State Lands shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing an application process for a responsible authority to obtain a permanent easement or right of entry over any temporary public easement granted under Subsection (1), subject to the provisions of Subsections (2)(b), (c), and (d).
(b) A grant of a permanent easement or right of entry across sovereign lands shall be made upon a showing to the Division of Forestry, Fire, and State Lands that continued use of the easement will provide a public benefit commensurate with the value of the permanent easement or right of entry.
(c) A grant of a permanent easement or right of entry across trust lands shall be made upon a showing to the School and Institutional Trust Lands Administration that the grant is consistent with the state's fiduciary responsibilities under Section 53C-1-302 and Subsection 53C-1-204(1).
(d) A grant of a permanent easement or right of entry across state lands other than sovereign and trust lands shall be made upon a showing to the managing unit of state government that the continued use will provide a public benefit commensurate with the value of the easement and will not unreasonably interfere with the purposes for which the land was obtained or is now held.
(3) The grant of the temporary public easement or right of entry under Subsection (1) is consistent with the trust responsibilities of the state and in the best interest of the state.
(4) A responsible authority that has been granted a permanent easement or right of entry over state lands may maintain the permanent easement or right of entry for the uses to which the permanent easement or right of entry was put prior to and including January 1, 1992, subject to the right of the managing unit of state government or private party to relocate the permanent easement or right of entry.
(5) The grant of a permanent easement or right of entry under this section is effective on the date the highway was originally constructed or established for public use.
Amended by Chapter 344, 2009 General Session
2023 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
2023 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
2023 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 Session
Amended by Chapter 345, 2021 General Session
2023 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