First Substitute H.B. 385

This document includes House Floor Amendments incorporated into the bill on Fri, Feb 29, 2008 at 4:48 PM by ddonat. -->

Representative Michael E. Noel proposes the following substitute bill:

1 ROAD AND RIGHTS-OF-WAY AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: Dennis E. Stowell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to roads
10 and rights-of-way.
11 Highlighted Provisions:
12 This bill:
13 . provides that if a political subdivision of the state transfers an R.S. 2477 right-of-
14 way H. [ or a portion of an R.S. 2477 right-of-way to the federal government or an agency of the
15 federal government ] .H , the R.S. 2477 right-of-way H. [ or portion of the R.S. 2477
15a right-of-way ] .H shall
16 H. [ automatically ] .H revert to the state; H. [ and ]
16a . provides that if an R.S. 2477 right-of-way reverts to the state, the state has no
16b maintenance responsibilities and has certain liability protections; and .H
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-5-305, as renumbered and amended by Laws of Utah 1998, Chapter 270
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 72-5-305 is amended to read:
28 72-5-305. Term of grant -- Abandonment.
29 (1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an
30 R.S. 2477 right-of-way is established for a perpetual term.
31 (2) (a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance
32 with the procedures in Part 1, Public Highways, of this chapter.
33 (b) If any R.S. 2477 right-of-way is abandoned H. or transferred .H by a political
33a subdivision of the state,
34 the right-of-way shall revert to the state.
35 H. [ (3) If a political subdivision of the state transfers an R.S. 2477 right-of-way or a
36 portion of an R.S. 2477 right-of-way to the federal government or an agency of the federal
37 government, the R.S. 2477 right-of-way or portion of the R.S. 2477 right-of-way shall
38 automatically revert to the state. ]
38a (c) If an R.S. 2477 right-of-way reverts to the state in accordance with Subsection (2)(b),
38b the state has no maintenance responsibilities and has the liability protections provided under
38c Section 72-5-306. .H
39 [(3)] (4) The passage of time or the frequency of use of an R.S. 2477 right-of-way is
40 not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
41 [(4)] (5) An R.S. 2477 right-of-way continues even if the servient estate is transferred
42 out of the public domain.