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S.B. 249
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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.
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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.
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40 county.
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42 available for that purpose.
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44 Transportation Fund under rules made by the department.
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46 by this chapter for the construction and maintenance of class A state roads by cooperative
47 agreement with the department.
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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.
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63 within the municipality.
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65 construction and maintenance of the class C roads within each municipality.
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67 class C roads the funds allocated to each municipality from the Transportation Fund under rules
68 made by the department.
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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.
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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.
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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.
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142 which is reasonable and necessary to ensure safe travel [
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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.
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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.