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First Substitute H.B. 385
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 29, 2008 at 4:48 PM by ddonat. -->
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to roads
10 and rights-of-way.
11 Highlighted Provisions:
12 This bill:
13 . provides that if a political subdivision of the state transfers an R.S. 2477 right-of-
14 way H. [
15 federal government
16 H. [
16a . provides that if an R.S. 2477 right-of-way reverts to the state, the state has no
16b maintenance responsibilities and has certain liability protections; and .H
17 . makes technical changes.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 72-5-305, as renumbered and amended by Laws of Utah 1998, Chapter 270
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 72-5-305 is amended to read:
28 72-5-305. Term of grant -- Abandonment.
29 (1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an
30 R.S. 2477 right-of-way is established for a perpetual term.
31 (2) (a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance
32 with the procedures in Part 1, Public Highways, of this chapter.
33 (b) If any R.S. 2477 right-of-way is abandoned H. or transferred .H by a political
33a subdivision of the state,
34 the right-of-way shall revert to the state.
35 H. [
36 portion of an R.S. 2477 right-of-way to the federal government or an agency of the federal
37 government, the R.S. 2477 right-of-way or portion of the R.S. 2477 right-of-way shall
38 automatically revert to the state.
38a (c) If an R.S. 2477 right-of-way reverts to the state in accordance with Subsection (2)(b),
38b the state has no maintenance responsibilities and has the liability protections provided under
38c Section 72-5-306. .H
40 not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
42 out of the public domain.
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