H.B. 13 Enrolled

TRANSPORTATION CORRIDOR
PRESERVATION AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Marda Dillree
This act modifies the Transportation Code to extend the period for which real property
may be acquired for the preservation of a future transportation corridor from 20 years to
30 years in advance. This act requires the Department of Transportation to give the
original grantor first right of refusal of the highest offer for unused parcels of real
property acquired for transportation corridors and provides for notification and 90 days
to accept the offer. This act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-5-111, as last amended by Chapters 34 and 216, Laws of Utah 2000
72-5-402, as enacted by Chapter 34, Laws of Utah 2000
72-5-403, as enacted by Chapter 34, Laws of Utah 2000
72-5-404, as enacted by Chapter 34, Laws of Utah 2000
78-34-20, as last amended by Chapter 269, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-5-111 is amended to read:
72-5-111. Disposal of real property.
(1) (a) If the department determines that any real property or interest in real property,
acquired for a highway purpose, is no longer necessary for the purpose, the department may
lease, sell, exchange, or otherwise dispose of the real property or interest in the real property.
(b) (i) Real property may be sold at private or public sale.
(ii) Except as provided in Subsection (1)(c) related to exchanges, proceeds of any sale
shall be deposited with the state treasurer and credited to the Transportation Fund.
(c) If approved by the commission, real property or an interest in real property may be
exchanged by the department for other real property or interest in real property, including

improvements, for highway purposes.
(2) (a) In the disposition of [land] real property at any private sale, first consideration
shall be given to the original grantor or [his] the original grantor's heirs.
(b) [If] Notwithstanding the provisions of Section 78-34-20 , if no portion of a parcel of
real property acquired by the department is used for transportation purposes, then the original
grantor or the grantor's heirs shall be given the opportunity to repurchase the parcel of real
property at the department's original purchase price from the grantor.
(c) In accordance with Section 72-5-404 , this Subsection (2)[(b)] does not apply [if the
department purchase was initially requested by the grantor] to property rights acquired in
proposed transportation corridors using funds from the Transportation Corridor Preservation
Revolving Loan Fund created in Section 72-2-117 .
(3) (a) Any sale, exchange, or disposal of real property or interest in real property made
by the department under this section, is exempt from the mineral reservation provisions of Title
65A, Chapter 6, Mineral Leases.
(b) Any deed made and delivered by the department under this section without specific
reservations in the deed is a conveyance of all the state's right, title, and interest in the real
property or interest in the real property.
Section 2. Section 72-5-402 is amended to read:
72-5-402. Public purpose.
(1) The Legislature finds and declares that the planning and preservation of
transportation corridors is a public purpose, that the acquisition of public rights in private
property for possible use as a transportation corridor [up to 20] years in advance is a public
purpose, and that acquisition of public rights in private property for possible use as alternative
transportation corridors is a public purpose, even if one or more of the transportation corridors is
eventually not used for a public purpose, so long as reasonable evidence exists at the time of
acquisition that the [corridor] transportation facility will be developed within [20 years] the time
period established under this part.
(2) The Legislature finds and declares that the acquisition of private property rights for

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the preservation of transportation corridors should be done on a voluntary basis and not by the
use of eminent domain powers.
Section 3. Section 72-5-403 is amended to read:
72-5-403. Transportation corridor preservation powers.
(1) The department, counties, and municipalities may:
(a) act in cooperation with one another and other government entities to promote
planning for and enhance the preservation of transportation corridors and to more effectively use
the monies available in the Transportation Corridor Preservation Revolving Loan Fund created in
Section 72-2-117 ;
(b) undertake transportation corridor planning, review, and preservation processes; and
(c) acquire fee simple rights and other rights of less than fee simple, including easement
and development rights, or the rights to limit development, including rights in alternative
transportation corridors, and to make these acquisitions up to [20] a projected 30 years in
advance of using those rights in actual transportation facility construction.
(2) In addition to the powers described under Subsection (1), counties and municipalities
may:
(a) limit development for transportation corridor preservation by land use regulation and
by official maps; and
(b) by ordinance prescribe procedures for approving limited development in
transportation corridors until the time transportation facility construction begins.
Section 4. Section 72-5-404 is amended to read:
72-5-404. Disposition of excess property rights.
If the department has acquired property rights in land in proposed transportation
corridors, and some or all of that land is eventually not used for the proposed transportation
corridors, the department shall dispose of the property rights in accordance with the provisions of
Section [ 72-5-111 ] 78-34-20 .
Section 5. Section 78-34-20 is amended to read:
78-34-20. Sale of property acquired by eminent domain.

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(1) As used in this section, "condemnation or threat of condemnation" means:
(a) acquisition through an eminent domain proceeding; or
(b) an official body of the state or a subdivision of the state, having the power of eminent
domain, has specifically authorized the use of eminent domain to acquire the real property.
(2) If the state or one of its subdivisions, at its sole discretion, declares real property that
is acquired through condemnation or threat of condemnation to be surplus real property, [not
developed for the intended use,] it may not sell the real property on the open market unless [the
following conditions are met]:
[(1) the real property is not property acquired by condemnation, or by threat of
condemnation, which, as used in this section, condemnation or threat of condemnation means
acquisition through an eminent domain proceeding or that an official body of the state or a
subdivision of the state, having the power of eminent domain, has specifically authorized the use
of eminent domain to acquire the real property; or]
[(2)] (a) the real property has been offered for sale to the [person or entity from whom
the state or one of its subdivisions acquired it] original grantor, at the highest offer made to the
state or one of its subdivisions with first right of refusal being given to the original grantor;
(b) the [person or entity] original grantor expressly waived in writing the first right of
refusal on the offer or failed to accept the offer within 90 days after notification by registered
mail to the last-known address; and
(c) neither the state nor the subdivision of the state selling the property is involved in the
rezoning of the property or the acquisition of additional property to enhance the value of the real
property to be sold.
(3) This section shall only apply to property acquired after July 1, 1983.

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