Representative Francis D. Gibson proposes the following substitute bill:


1     
ROAD CLOSURE AMENDMENTS

2     
2017 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: David G. Buxton

6     

7     LONG TITLE
8     General Description:
9          This bill specifies the process for certain closures of public roads.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies municipal authority over roads;
13          ▸     adds another circumstance in which a local highway authority may temporarily
14     close a road;
15          ▸     allows a local highway authority to:
16               •     indefinitely close a road in certain circumstances; and
17               •     change the nature of a road for another public use or purpose; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          10-8-8, as last amended by Laws of Utah 2005, Chapter 254
26          10-8-11, Utah Code Annotated 1953
27          72-5-105, as last amended by Laws of Utah 2011, Chapter 341
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 10-8-8 is amended to read:
31          10-8-8. Streets, parks, airports, parking facilities, public grounds, and pedestrian
32     malls.
33          A municipal legislative body may lay out, establish, open, alter, widen, narrow, extend,
34     grade, pave, or otherwise improve streets, alleys, avenues, boulevards, sidewalks, parks,
35     airports, parking lots, or other facilities for the parking of vehicles off streets, public grounds,
36     and pedestrian malls and may close, in accordance with Section 72-5-105, or vacate the same
37     or parts thereof, as provided in this title.
38          Section 2. Section 10-8-11 is amended to read:
39          10-8-11. Streets -- Encroachments, lighting, sprinkling, cleaning.
40          They may regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks, and
41     public grounds, install, prevent [and], or remove obstructions and encroachments thereon, and
42     provide for the lighting, sprinkling, and cleaning of the same.
43          Section 3. Section 72-5-105 is amended to read:
44          72-5-105. Highways, streets, or roads once established continue until abandoned
45     -- Temporary closure.
46          (1) [All] Except as provided in Subsections (3) and (7), all public highways, streets, or
47     roads once established shall continue to be highways, streets, or roads until formally abandoned
48     or vacated by written order, resolution, or ordinance resolution of a highway authority having
49     jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
50     been duly recorded in the office of the recorder of the county or counties where the highway,
51     street, or road is located.
52          (2) (a) For purposes of assessment, upon the recordation of an order executed by the
53     proper authority with the county recorder's office, title to the vacated or abandoned highway,
54     street, or road shall vest to the adjoining record owners, with one-half of the width of the
55     highway, street, or road assessed to each of the adjoining owners.
56          (b) Provided, however, that should a description of an owner of record extend into the
57     vacated or abandoned highway, street, or road that portion of the vacated or abandoned
58     highway, street, or road shall vest in the record owner, with the remainder of the highway,
59     street, or road vested as otherwise provided in this Subsection (2).
60          (c) Title to a highway, street, or road that a local highway authority closes to vehicular
61     traffic under Subsection (3) or (7) remains vested in the city.
62          (3) (a) In accordance with this section, a state or local highway authority may
63     temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
64     C, or D road or R.S. 2477 right-of-way.
65          (b) (i) A temporary closure authorized under this section is not an abandonment.
66          (ii) The erection of a barrier or sign on a highway, street, or road once established is
67     not an abandonment.
68          (iii) An interruption of the public's continuous use of a highway, street, or road once
69     established is not an abandonment even if the interruption is allowed to continue unabated.
70          (c) A temporary closure under Subsection (3)(a) may be authorized only under the
71     following circumstances:
72          (i) when a federal authority, or other person, provides an alternate route to an R.S.
73     2477 right-of-way or portion of an R.S. 2477 right-of-way [that] if the alternate route is:
74          (A) accepted by the highway authority; and
75          (B) formalized by[: (I)] a federal permit[;] or [(II)] a written agreement between the
76     federal authority or other person and the highway authority; [or]
77          (ii) when a state or local highway authority determines that correction or mitigation of
78     injury to private or public land resources is necessary on or near a class B or D road or portion
79     of a class B or D road[.]; or
80          (iii) when a local highway authority makes a finding that temporary closure of all or
81     part of a class C road is necessary to mitigate unsafe conditions.
82          (d) (i) If a local highway authority temporarily closes all or part of a class C road under
83     Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
84     another public use or purpose related to the mitigation of the unsafe condition.
85          (ii) If a local highway authority temporarily closes all or part of a class C road under
86     Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
87     between the local highway authority and another entity, the local highway authority may not
88     reopen the closed portion of the road until the lease agreement terminates.
89          [(d)] (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an
90     R.S. 2477 right-of-way temporarily closed under this section if the alternate route is closed for
91     any reason.
92          [(e)] (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
93          (i) be authorized annually; and
94          (ii) not exceed two years or the time it takes to complete the correction or mitigation,
95     whichever is less.
96          (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
97     authority shall pass an ordinance to temporarily or indefinitely close the road.
98          [(4)] (5) Before authorizing a temporary or indefinite closure [under] as described in
99     Subsection [(3)] (4), a highway authority shall:
100          (a) hold a hearing on the proposed temporary or indefinite closure;
101          (b) provide notice of the hearing by[: (i)] mailing a notice to the Department of
102     Transportation and all owners of property abutting the highway; and
103          (c) except for a closure under Subsection (3)(c)(iii):
104          [(ii) (A)] (i) publishing the notice:
105          [(I)] (A) in a newspaper of general circulation in the county at least once a week for
106     four consecutive weeks before the hearing; and
107          [(II)] (B) on the Utah Public Notice Website created in Section 63F-1-701, for four
108     weeks before the hearing; or
109          [(B)] (ii) posting the notice in three public places for at least four consecutive weeks
110     [prior to] before the hearing[; and].
111          [(c) pass an ordinance authorizing the temporary closure.]
112          [(5)] (6) The right-of-way and easements, if any, of a property owner and the franchise
113     rights of any public utility may not be impaired by a temporary or indefinite closure authorized
114     under this section.
115          (7) (a) A local highway authority may close to vehicular travel and convert to another
116     public use or purpose a highway, road, or street over which the local highway authority has
117     jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
118     that:
119          (i) the closed highway, road, or street is not necessary for vehicular travel;
120          (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
121     to private or public land resources on or near the highway, road, or street; or
122          (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
123     conditions.
124          (b) If a local highway authority indefinitely closes all or part of a highway, road, or
125     street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
126     agreement between the local highway authority and another entity, the local highway authority
127     may not reopen the closed portion of the road until the lease agreement terminates.
128          (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
129          Section 4. Effective date.
130          If approved by two-thirds of all the members elected to each house, this bill takes effect
131     upon approval by the governor, or the day following the constitutional time limit of Utah
132     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
133     the date of veto override.