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S.B. 249

             1     

ROADS ON PUBLIC LANDS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Leonard M. Blackham

             5      AN ACT RELATING TO TRANSPORTATION; PROVIDING FOR JOINT TITLE TO
             6      CERTAIN HIGHWAY RIGHTS-OF-WAY BY THE STATE AND LOCAL GOVERNMENTS;
             7      PROVIDING FOR CERTAIN RIGHT-OF-WAY WIDTHS; AND PROVIDING AN EFFECTIVE
             8      DATE.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          72-3-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
             12          72-3-103, as renumbered and amended by Chapter 270, Laws of Utah 1998
             13          72-3-104, as renumbered and amended by Chapter 270, Laws of Utah 1998
             14          72-3-105, as renumbered and amended by Chapter 270, Laws of Utah 1998
             15          72-5-103, as renumbered and amended by Chapter 270, Laws of Utah 1998
             16          72-5-104, as renumbered and amended by Chapter 270, Laws of Utah 1998
             17          72-5-302, as renumbered and amended by Chapter 270, Laws of Utah 1998
             18      Be it enacted by the Legislature of the state of Utah:
             19          Section 1. Section 72-3-102 is amended to read:
             20           72-3-102. State highways -- Class A state roads.
             21          (1) State highways comprise highways, roads, and streets designated under Chapter 4,
             22      Designation of State Highways.
             23          (2) State highways are class A state roads.
             24          (3) The state has title to all rights-of-way for all state highways.
             25          [(3)] (4) The department has jurisdiction and control over all state highways.
             26          [(4)] (5) The department shall construct and maintain each state highway using funds made
             27      available for that purpose.


             28          Section 2. Section 72-3-103 is amended to read:
             29           72-3-103. County roads -- Class B roads -- Construction and maintenance by
             30      counties.
             31          (1) County roads comprise all public highways, roads, and streets within the state that:
             32          (a) are situated outside of incorporated municipalities and not designated as state highways;
             33          (b) have been designated as county roads; or
             34          (c) are located on property under the control of a federal agency and constructed or
             35      maintained by the county under agreement with the appropriate federal agency.
             36          (2) County roads are class B roads.
             37          (3) The state and county have joint undivided interest in the title to all rights-of-way for
             38      all county roads.
             39          [(3)] (4) The county governing body has jurisdiction and control of county roads within the
             40      county.
             41          [(4)] (5) The county shall construct and maintain each county road using funds made
             42      available for that purpose.
             43          [(5)] (6) The county legislative body may expend funds allocated to each county from the
             44      Transportation Fund under rules made by the department.
             45          [(6)] (7) A county legislative body may use any portion of the class B road funds provided
             46      by this chapter for the construction and maintenance of class A state roads by cooperative
             47      agreement with the department.
             48          [(7)] (8) A county may enter into agreements with the appropriate federal agency for the
             49      use of federal funds, county road funds, and donations to county road funds to construct, improve,
             50      or maintain county roads within or partly within national forests.
             51          Section 3. Section 72-3-104 is amended to read:
             52           72-3-104. City streets -- Class C roads -- Construction and maintenance.
             53          (1) City streets comprise:
             54          (a) highways, roads, and streets within the corporate limits of the municipalities that are
             55      not designated as class A state roads or as class B roads; and
             56          (b) those highways, roads, and streets located within a national forest and constructed or
             57      maintained by the municipality under agreement with the appropriate federal agency.
             58          (2) City streets are class C roads.


             59          (3) Except for city streets within counties of the first and second class as defined in Section
             60      17-16-13 , the state and city have joint undivided interest in the title to all rights-of-way for all city
             61      streets.
             62          [(3)] (4) The municipal governing body has jurisdiction and control of the city streets
             63      within the municipality.
             64          [(4)] (5) The department shall cooperate with the municipal legislative body in the
             65      construction and maintenance of the class C roads within each municipality.
             66          [(5)] (6) The municipal legislative body shall expend or cause to be expended upon the
             67      class C roads the funds allocated to each municipality from the Transportation Fund under rules
             68      made by the department.
             69          [(6)] (7) Any town or city in the third class may:
             70          (a) contract with the county or the department for the construction and maintenance of
             71      class C roads within its corporate limits; or
             72          (b) transfer, with the consent of the county, its:
             73          (i) class C roads to the class B road system; and
             74          (ii) funds allocated from the Transportation Fund to the municipality to the county
             75      legislative body for use upon the transferred class C roads.
             76          [(7)] (8) A municipal legislative body of any municipality of the third class may use any
             77      portion of the class C road funds allocated to the municipality for the construction of sidewalks,
             78      curbs, and gutters on class A state roads within the municipal limits by cooperative agreement with
             79      the department.
             80          Section 4. Section 72-3-105 is amended to read:
             81           72-3-105. Maps to be prepared by county -- Indication of roads.
             82          (1) As used in this section, "class D road" means any road, way, or other land surface route
             83      that has been or is established by use or constructed and is maintained to provide reasonably
             84      passable for usage by the public for vehicles with four or more wheels that is not a class A, class
             85      B, or class C road under this title.
             86          (2) Each class D road is part of the highway and road system within the state with the same
             87      force and effect as if the class D road had been included within this system upon its being first
             88      established or constructed.
             89          (3) Each county shall prepare maps showing to the best of its ability the class D roads


             90      within its boundaries which were in existence as of October 21, 1976. Preparation of these maps
             91      may be done by the county itself or through any multi-county planning district in which the county
             92      participates. A county shall be given a minimum of two years to complete mapping of the class D
             93      roads within its boundaries.
             94          (4) Any class D road which is established or constructed after October 21, 1976, shall be
             95      reflected on maps prepared as provided in Subsection (3).
             96          (5) The county shall provide a copy of any map under Subsection (3) or (4) upon
             97      completion to the department.
             98          (6) The department shall scribe each road shown on its own county map series. The
             99      department is not responsible for the validity of any class D road and is not responsible for its
             100      being inventoried. The department shall also keep on file an historical map record of the roads as
             101      provided by the counties.
             102          (7) The state and county have joint undivided interest in the title to all rights-of-way for
             103      class D roads.
             104          Section 5. Section 72-5-103 is amended to read:
             105           72-5-103. Acquisition of rights-of-way and other real property -- Title to property
             106      acquired.
             107          (1) The department may acquire any real property or interests in real property necessary
             108      for temporary, present, or reasonable future state highway purposes by gift, agreement, exchange,
             109      purchase, condemnation, or otherwise.
             110          (2) (a) Title to real property acquired by the department or the counties, cities, and towns
             111      by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or
             112      other highway purposes may be in fee simple or any lesser estate or interest.
             113          (b) If the highway is a county road, city street, or right-of-way described in Title 72,
             114      Chapter 5, Part 3, Rights-of-way Across Federal Lands Act, title to all interests in real property less
             115      than fee simple held under this section is held jointly by the state and the county, city, or town
             116      holding the interest.
             117          (3) A transfer of land bounded by a highway on a right-of-way for which the public has
             118      only an easement passes the title of the person whose estate is transferred to the middle of the
             119      highway.
             120          Section 6. Section 72-5-104 is amended to read:


             121           72-5-104. Public use constituting dedication -- Scope.
             122          (1) A highway [shall be deemed to have been] is dedicated and abandoned to the use of
             123      the public when it has been continuously used as a public thoroughfare for a period of ten years.
             124          (2) The dedication and abandonment creates a right-of-way held by the state in accordance
             125      with Sections 72-3-102 , 72-3-103 , 72-3-104 , 72-3-105 , and 72-5-103 .
             126          (3) The scope of the right-of-way is that which is reasonable and necessary to ensure safe
             127      travel according to the facts and circumstances at the time of dedication or abandonment.
             128          Section 7. Section 72-5-302 is amended to read:
             129           72-5-302. Rights-of-way across federal lands -- Title -- Presumption -- Scope.
             130          (1) This part applies to all R.S. 2477 rights-of-way.
             131          (2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways in
             132      accordance with Sections 72-3-102 , 72-3-103 , 72-3-104 , 72-3-105 , and 72-5-103 .
             133          (3) (a) Acceptance of a right-of-way for the construction of a highway over public lands,
             134      not reserved for public uses, is presumed if the state or a political subdivision of the state makes
             135      a finding that the highway was constructed and the right-of-way was accepted prior to October 21,
             136      1976.
             137          (b) The existence of a highway establishes a presumption that the highway has continued
             138      in use in its present location since the land over which it is built was public land not reserved for
             139      public use.
             140          (4) (a) [Unless specifically determined by the state or a political subdivision of the state
             141      with authority over the R.S. 2477 right-of-way, the] The scope of the R.S. 2477 right-of-way is that
             142      which is reasonable and necessary to ensure safe travel [for all uses that occurred before October
             143      21, 1976] according to the facts and circumstances at the time of acceptance.
             144          (b) The scope of the R.S. 2477 right-of-way includes the right to widen the highway as
             145      necessary to accommodate the increased travel associated with those uses, up to, where applicable,
             146      improving a highway to two lanes so travelers can safely pass each other.
             147          [(c) The width of an R.S. 2477 right-of-way used for vehicular travel may not be less than
             148      the setback standards for wilderness boundaries along existing roads as described in Bureau of
             149      Land Management Manual H-8560-1, Management of Designated Wilderness Areas, dated July
             150      27, 1988, as follows:]
             151          [(i) high standard paved highways shall be 300 feet from the centerline;]


             152          [(ii) high standard logging roads shall be 100 feet from the centerline; and]
             153          [(iii) low standard logging, jeep, maintenance, dirt roads used for right-of-way, or similar
             154      roads shall be 30 feet from the centerline.]
             155          [(5) The safety standards established by the Department of Transportation in accordance
             156      with Section 72-6-102 apply to all determinations of safety on R.S. 2477 rights-of-way used for
             157      vehicular travel.]
             158          Section 8. Effective date.
             159          If approved by two-thirds of all the members elected to each house, this act takes effect
             160      upon approval by the governor, or the day following the constitutional time limit of Utah
             161      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             162      date of veto override.




Legislative Review Note
    as of 2-18-00 10:45 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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