Title 65A Chapter 7 Section 5

Forestry, Fire, and State Lands
Sale, Exchange, and Lease of State Lands
Section 5
Surface leases -- Procedures for issuing leases -- Leases for the construction of a highway facility.

            

65A-7-5.   Surface leases -- Procedures for issuing leases -- Leases for the construction of a highway facility.

            (1) The division may issue surface leases of state lands for any period up to 99 years.

            (2) This section does not apply to leases for oil and gas, grazing, or mining purposes.

            (3) The division shall disclose any known geologic hazard affecting leased property.

            (4) (a) (i) Surface leases may be entered into by negotiation, public auction, or other public competitive bidding process as determined by rules of the division.

            (ii) Requests for proposals (RFP) on state lands may be offered by the division after public notice.

            (b) (i) A notice of an invitation for bids or a public auction shall, prior to the auction or acceptance of a bid, be published at least once a week for three consecutive weeks in one or more newspapers of general circulation in the county in which the lease is offered.

            (ii) The notice shall be sent, by certified mail, at least 30 days prior to the auction or acceptance of a bid, to each person who owns property adjoining the state lands offered for lease.

            (c) (i) Surface leases entered into through negotiation shall be published in the manner set forth in Subsection (4)(b) 30 days prior to final approval.

            (ii) The notice shall include, at a minimum, a general description of the lands proposed for lease and the type of lease.

            (5) (a) The division may not issue a lease for the construction of a highway facility over sovereign lakebed lands unless the applicant for the lease submits an approval for the construction of a highway facility over sovereign lakebed lands from the Transportation Commission in accordance with Section 72-6-303 with the application for the lease.

            (b) The division shall consider the information and analysis provided by the Transportation Commission under Section 72-6-303 when making its determination as to whether to issue a lease for the construction of a highway facility over sovereign lakebed lands.

            (c) A lease for the construction of a highway facility over sovereign lakebed lands:

            (i) may include an option to renew the lease upon expiration; and

            (ii) shall include a provision that requires that at the termination of the lease:

            (A) the ownership of the highway facility shall revert to the state;

            (B) the highway facility shall be in a state of proper maintenance as outlined in the agreement under Subsection 72-6-303(4)(e) and determined by the Department of Transportation; and

            (C) the highway facility shall be returned to the Department of Transportation in satisfactory condition at no further cost to the Department of Transportation, in a condition of good repair.

            (d) The requirements under this Subsection (5) apply to all pending and future applications for a lease for the construction of a highway facility over sovereign lakebed lands.


Amended by Chapter 256, 2011 General Session