S.B. 256 Enrolled

TRANSPORTATION AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Peter C. Knudson
This act modifies the Transportation Code by allowing the Department of Transportation
to acquire rights-of-way for public transportation projects. This act amends definitions and
makes conforming amendments. This act provides an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-5-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-5-103, as last amended by Chapter 324, Laws of Utah 2000
72-5-109, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-5-110, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-5-115, as renumbered and amended by Chapter 270, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-5-102 is amended to read:
72-5-102. Definitions.
As used in this part, "state [highway] transportation purposes" includes:
(1) highway and public transportation rights-of-way, including those necessary [for state
highways] within cities and towns;
(2) the construction, reconstruction, relocation, improvement, [and] maintenance [of the],
and mitigation from the effects of these activities on state highways and other [highways, roads,
and streets] transportation facilities under the control of the department;
(3) limited access facilities, including rights of access, air, light, and view and frontage and
service roads to highways;
(4) adequate drainage in connection with any highway, cut, fill, or channel change and the
maintenance of any highway, cut, fill, or channel change;
(5) weighing stations, shops, offices, storage buildings and yards, and road maintenance
or construction sites;

(6) road material sites, sites for the manufacture of road materials, and access roads to the
sites;
(7) the maintenance of an unobstructed view of any portion of a highway to promote the
safety of the traveling public;
(8) the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers,
and obstructions for the convenience of the traveling public;
(9) the construction and maintenance of storm sewers, sidewalks, and highway illumination;
(10) the construction and maintenance of livestock highways; [and]
(11) the construction and maintenance of roadside rest areas adjacent to or near any
highway[.]; and
(12) the mitigation of impacts from public transportation projects.
Section 2. Section 72-5-103 is amended to read:
72-5-103. Acquisition of rights-of-way and other real property -- Title to property
acquired.
(1) The department may acquire any real property or interests in real property necessary for
temporary, present, or reasonable future state [highway] transportation purposes by gift, agreement,
exchange, purchase, condemnation, or otherwise.
(2) (a) (i) Title to real property acquired by the department or the counties, cities, and towns
by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or
other [highway] transportation purposes may be in fee simple or any lesser estate or interest.
(ii) Title to real property acquired by the department for a public transit project shall be
transferred to the public transit district responsible for the project.
(iii) A public transit district shall cover all costs associated with any condemnation on its
behalf.
(b) If the highway is a county road, city street under joint title as provided in Subsection
72-3-104 (3), or right-of-way described in Title 72, Chapter 5, Part 3, Rights-of-way Across Federal
Lands Act, title to all interests in real property less than fee simple held under this section is held
jointly by the state and the county, city, or town holding the interest.

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(3) A transfer of land bounded by a highway on a right-of-way for which the public has only
an easement passes the title of the person whose estate is transferred to the middle of the highway.
Section 3. Section 72-5-109 is amended to read:
72-5-109. Contributions of property by counties and municipalities.
Counties and municipalities may contribute real or personal property to the department for
state [highway] transportation purposes.
Section 4. Section 72-5-110 is amended to read:
72-5-110. Acquisition of personal property.
The department may acquire by gift, agreement, exchange, purchase, or otherwise machinery,
tools, equipment, materials, supplies, or other personal property necessary for the administration,
construction, maintenance, and operation of the state highways, and may sell, exchange, or otherwise
dispose of the machinery, tools, equipment, materials, supplies, and other personal property when
no longer suitable or required for state [highway] transportation purposes.
Section 5. Section 72-5-115 is amended to read:
72-5-115. Acquisition of property devoted to or held for other public use.
(1) If property devoted to or held for some other public use for which the power of eminent
domain might be exercised is to be taken for state [highway] transportation purposes, the department
may, with the consent of the person or agency in charge of the other public use, condemn real
property to be exchanged with the person or agency for the real property to be taken for state
[highway] transportation purposes.
(2) This section does not limit the department's authorization to acquire, other than by
condemnation, property for exchange purposes.
Section 6. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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