First Substitute S.B. 249
8 LONG TITLE
9 General Description:
10 This bill enacts a provision relating to state transportation purposes.
11 Highlighted Provisions:
12 This bill:
13 . expands the definition of "state transportation purposes," within transportation
14 rights-of-way provisions, to include the construction and maintenance of pathways
15 for pedestrians and other nonmotorized transportation to enhance traffic safety and
16 efficiency on the highway;
17 . modifies a provision relating to the acquisition of real property or interests in real
18 property for state transportation purposes; and
19 . provides for a repeal of these provisions.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 63I-1-272 , as renumbered and amended by Laws of Utah 2008, Chapter 382
27 72-5-102 , as last amended by Laws of Utah 2001, Chapter 79
28 72-5-103 , as last amended by Laws of Utah 2001, Chapter 79
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63I-1-272 is amended to read:
32 63I-1-272. Repeal dates, Title 72.
33 Subsections 72-5-102 (13) and 72-5-103 (1)(b) are repealed July 1, 2017.
34 Section 2. Section 72-5-102 is amended to read:
35 72-5-102. Definitions.
36 As used in this part, "state transportation purposes" includes:
37 (1) highway and public transportation rights-of-way, including those necessary within
38 cities and towns;
39 (2) the construction, reconstruction, relocation, improvement, maintenance, and
40 mitigation from the effects of these activities on state highways and other transportation
41 facilities under the control of the department;
42 (3) limited access facilities, including rights of access, air, light, and view and frontage
43 and service roads to highways;
44 (4) adequate drainage in connection with any highway, cut, fill, or channel change and
45 the maintenance of any highway, cut, fill, or channel change;
46 (5) weighing stations, shops, offices, storage buildings and yards, and road
47 maintenance or construction sites;
48 (6) road material sites, sites for the manufacture of road materials, and access roads to
49 the sites;
50 (7) the maintenance of an unobstructed view of any portion of a highway to promote
51 the safety of the traveling public;
52 (8) the placement of traffic signals, directional signs, and other signs, fences, curbs,
53 barriers, and obstructions for the convenience of the traveling public;
54 (9) the construction and maintenance of storm sewers, sidewalks, and highway
56 (10) the construction and maintenance of livestock highways;
57 (11) the construction and maintenance of roadside rest areas adjacent to or near any
58 highway; [
59 (12) the mitigation of impacts from public transportation projects[
60 (13) the construction and maintenance of a pathway:
61 (a) for pedestrians, bicyclists, and other nonmotorized transportation; and
62 (b) designed to enhance the safety and efficiency of a nearby highway.
63 Section 3. Section 72-5-103 is amended to read:
64 72-5-103. Acquisition of rights-of-way and other real property -- Title to property
66 (1) (a) The department may acquire any real property or interests in real property
67 necessary for temporary, present, or reasonable future state transportation purposes by gift,
68 agreement, exchange, purchase, condemnation, or otherwise.
69 (b) An acquisition by condemnation under Subsection (1)(a) for state transportation
70 purposes includes the acquisition of a pathway described in Subsection 72-5-102 (13),
71 notwithstanding the exclusion under Subsection 78B-6-501 (3)(e), if:
72 (i) the pathway is in close proximity to a highway;
73 (ii) there is a need to remove pedestrians, bicyclists, and others using a nonmotorized
74 method of transportation from the highway in order to enhance the safety and efficiency of the
76 (iii) because of geological or other constraints, a pathway is the only reasonable
77 alternative to provide a practical and viable means for pedestrians, bicyclists, and others using a
78 nonmotorized method of transportation to use for the purpose of commuting or traveling to
79 destinations they would otherwise reach by using the highway; and
80 (iv) the department makes a determination that the pathway is needed in order to
81 enhance the safety and efficiency of the highway.
82 (2) (a) (i) Title to real property acquired by the department or the counties, cities, and
83 towns by gift, agreement, exchange, purchase, condemnation, or otherwise for highway
84 rights-of-way or other transportation purposes may be in fee simple or any lesser estate or
86 (ii) Title to real property acquired by the department for a public transit project shall be
87 transferred to the public transit district responsible for the project.
88 (iii) A public transit district shall cover all costs associated with any condemnation on
89 its behalf.
90 (b) If the highway is a county road, city street under joint title as provided in
91 Subsection 72-3-104 (3), or right-of-way described in Title 72, Chapter 5, Part 3, Rights-of-way
92 Across Federal Lands Act, title to all interests in real property less than fee simple held under
93 this section is held jointly by the state and the county, city, or town holding the interest.
94 (3) A transfer of land bounded by a highway on a right-of-way for which the public has
95 only an easement passes the title of the person whose estate is transferred to the middle of the
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