S.B. 130

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 certain agreements
6 that may be entered into regarding R.S. 2477 rights-of-way.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 72-5-307, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 72-5-307 is enacted to read:
12 72-5-307. Agreement restrictions -- Approvals and certifications -- Exceptions.
13 (1) In accordance with the joint title provisions of Subsection 72-5-302 (2), a political
14 subdivision of the state may not enter into an agreement affecting the rights, status, or scope of an
15 R.S. 2477 right-of-way without written:
16 (a) approval of any other political subdivision of the state through which the R.S. 2477
17 right-of-way extends;
18 (b) certification from the county attorney of each county affected under Subsection (1)(a)
19 that:
20 (i) the agreement does not prejudice any legal position of the county in any currently
21 pending litigation; and
22 (ii) private property rights are preserved under the agreement in accordance with state law;
23 (c) certification from the governing body of each political subdivision affected under
24 Subsection (1)(a) that the agreement is in compliance with the adopted comprehensive, long-range
25 general plan of the political subdivision under Section 10-9-301 or 17-27-301 ; and
26 (d) certification from the executive director of the regional transportation planning
27 organization for the affected area that the agreement is compatible with regional long-term

28 transportation planning.
29 (2) This section does not affect agreements made solely for the purpose of:
30 (a) maintenance as defined under Section 72-5-301 ; and
31 (b) preserving safe travel of R.S. 2477 rights-of-way.




Legislative Review Note
as of 1-9-01 9:39 AM

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

Office of Legislative Research and General Counsel