First Substitute S.B. 130

Representative Thomas V. Hatch proposes to substitute the following bill:

1 R.S. 2477 AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John W. Hickman
5 This act modifies the Transportation Code by providing restrictions on and notice
6 requirements for certain agreements that may be entered into regarding R.S.2477
7 rights-of-way.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 72-5-307, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 72-5-307 is enacted to read:
13 72-5-307. Agreement affecting R.S. 2477 right-of-way.
14 (1) Before a political subdivision of the state enters into an agreement with the federal
15 government affecting the rights, status, or scope of an R.S. 2477 right-of-way, the political
16 subdivision shall give written notice of its intent to enter the agreement, together with a copy of
17 the proposed final agreement, to the governing body of every county of the state through which the
18 right-of-way extends.
19 (2) After receiving notice of the proposed agreement, the governing body of a county shall,
20 within 60 days, give written notice to the political subdivision that:
21 (a) the county does not object to the proposed agreement; or
22 (b) the county objects to the proposed agreement.
23 (3) If the governing body of a county through which an R.S. 2477 right-of-way extends
24 objects to a proposed agreement in accordance with Subsection (2), the political subdivision
25 proposing to enter into the agreement may only enter into the agreement if it obtains declaratory

26 relief from the district court. The relief shall be granted if the political subdivision shows by a
27 preponderance of evidence that the proposed agreement does not materially affect the objecting
28 county's interests.
29 (4) If the governing body of a county through which an R.S. 2477 right-of-way extends
30 fails to object within 60 days after receiving notice, in accordance with Subsection (2), the county
31 is considered not to have an objection.
32 (5) If a political subdivision fails to provide notice of a proposed agreement to a county
33 as required by Subsection (1), the political subdivision is considered without authority to enter into
34 the agreement, and the agreement is void.
35 (6) In accordance with the joint title provisions in Subsection 72-5-302 (2), an agreement
36 between a political subdivision of the state and the federal government may not affect the interests
37 of the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.
38 (7) This section does not affect an agreement made solely for the purpose of:
39 (a) maintenance, as defined under Section 72-5-301 ; or
40 (b) preserving safe travel of an R.S. 2477 right-of-way.