H.B. 242

1

PROTECTION OF RIGHTS-OF-WAY - GATES
2 ON COUNTY ROADS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael E. Noel
6 This act modifies the Transportation Code by redefining county road and allowing
7 counties to erect gates on class D roads. This act makes technical changes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 72-7-106, as last amended by Chapter 21, Laws of Utah 1999
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 72-7-106 is amended to read:
13 72-7-106. Gates on class B and D roads.
14 (1) As used in this section, "county road" means:
15 (a) a class B road as defined in Section 72-3-103 ; and
16 (b) a class D road as defined in Section 72-3-105 .
17 [(1)] (2) The county executive of [any] a county may [provide for] authorize the
18 erection [and] or maintenance of [gates] a gate on [the B system] a county [highways] road in
19 order to avoid the necessity of building highway fences.
20 [(2)] (3) The person for whose immediate benefit [the gates are] a gate is erected or
21 maintained shall in all cases bear the expense.
22 [(3)] (4) Nothing contained in Section 72-7-105 shall be construed to prohibit [any] a
23 person from placing [any] an unlocked, nonrestrictive gate across [any B system] a county
24 [highway] road, or maintaining the same, with the [approval] authorization of the county
25 executive of that county.
26 [(4)] (5) (a) A gate [may not be] is not allowed on [any B system] a county [highways
27 except those gates allowed] road unless authorized by the county executive in accordance with

28 the provisions of this section.
29 (b) If the expense of the erection and maintenance of the [allowed gates] gate is not
30 paid or if [any] a lock or other device is placed upon the [gates] gate so as to make [them] it
31 restrictive, the county executive of that county shall notify the responsible party that [their]
32 county approval is terminated and the gate [shall be] is considered to be an obstruction
33 [pursuant to] under Section 72-7-105 .
34 [(5)] (6) The placement or maintenance of [gates] a gate with the [consent]
35 authorization of the county executive across [B system] a county [highways] road for the
36 [statutory] period of time specified in Section 72-5-104 does not constitute or establish an
37 abandonment under Section 72-5-305 by the county and does not establish an easement on
38 behalf of the person establishing the gate.
39 [(6)] (7) A person who commits any of the following acts is guilty of a class B
40 misdemeanor and is liable for [any and] all damages suffered by [any] a party as a result of the
41 acts:
42 (a) [leave] leaves open [any] a gate, erected or maintained under this section;
43 (b) unnecessarily [drive] drives over the ground adjoining the highway on which a gate
44 is erected;
45 (c) [place any] places a lock or other restrictive device on a gate; or
46 (d) [violate any rules or regulations of any] violates a rule or regulation of a county
47 legislative body relating to the gates within the county.
48 [(7) The provisions of this section relating to maintenance and removal of gates over B
49 system county highways applies retrospectively to all gates in existence on April 1, 1976.]




Legislative Review Note
as of 1-29-03 10:23 AM

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

Office of Legislative Research and General Counsel