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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the establishment and invalidation of a public
10 thoroughfare on private land.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that a road on which public use has been discontinued for more than 50
14 years, ownership is vested in the private property owner.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 72-5-105, as last amended by Laws of Utah 2023, Chapter 435
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 72-5-105 is amended to read:
25 72-5-105. Highways, streets, or roads once established continue until abandoned
26 -- Temporary closure -- Notice.
27 (1) (a) Except as provided in Subsections (1)(b), (3), and (7), all public highways,
28 streets, or roads once established shall continue to be highways, streets, or roads until formally
29 abandoned or vacated by written order, resolution, or ordinance resolution of a highway
30 authority having jurisdiction or by court decree, and the written order, resolution, ordinance, or
31 court decree has been duly recorded in the office of the recorder of the county or counties
32 where the highway, street, or road is located.
33 (b) If public use of a highway, street, or road across private land has been discontinued
34 for more than 50 years:
35 (i) the highway, street, or road is not required to be formally abandoned as described in
36 Subsection (1)(a); and
37 (ii) ownership of the highway, street, or road is vested in the adjoining record owner or
38 owners, with one-half of the width of the highway, street, or road vesting to the adjoining
39 owners.
40 (c) Subsection (1)(b) does not apply to a public highway, street, or road claimed by the
41 state or county under R.S. 2477 or across federal lands.
42 (2) (a) For purposes of assessment, upon the recordation of an order executed by the
43 proper authority with the county recorder's office, title to the vacated or abandoned highway,
44 street, or road shall vest to the adjoining record owners, with one-half of the width of the
45 highway, street, or road assessed to each of the adjoining owners.
46 (b) Provided, however, that should a description of an owner of record extend into the
47 vacated or abandoned highway, street, or road that portion of the vacated or abandoned
48 highway, street, or road shall vest in the record owner, with the remainder of the highway,
49 street, or road vested as otherwise provided in this Subsection (2).
50 (c) Title to a highway, street, or road that a local highway authority closes to vehicular
51 traffic under Subsection (3) or (7) remains vested in the city.
52 (3) (a) In accordance with this section, a state or local highway authority may
53 temporarily close a class B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class B,
54 C, or D road or R.S. 2477 right-of-way.
55 (b) (i) A temporary closure authorized under this section is not an abandonment.
56 (ii) The erection of a barrier or sign on a highway, street, or road once established is
57 not an abandonment.
58 (iii) An interruption of the public's continuous use of a highway, street, or road once
59 established is not an abandonment even if the interruption is allowed to continue unabated.
60 (c) A temporary closure under Subsection (3)(a) may be authorized only under the
61 following circumstances:
62 (i) when a federal authority, or other person, provides an alternate route to an R.S.
63 2477 right-of-way or portion of an R.S. 2477 right-of-way if the alternate route is:
64 (A) accepted by the highway authority; and
65 (B) formalized by a federal permit or a written agreement between the federal authority
66 or other person and the highway authority;
67 (ii) when a state or local highway authority determines that correction or mitigation of
68 injury to private or public land resources is necessary on or near a class B or D road or portion
69 of a class B or D road; or
70 (iii) when a local highway authority makes a finding that temporary closure of all or
71 part of a class C road is necessary to mitigate unsafe conditions.
72 (d) (i) If a local highway authority temporarily closes all or part of a class C road under
73 Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
74 another public use or purpose related to the mitigation of the unsafe condition.
75 (ii) If a local highway authority temporarily closes all or part of a class C road under
76 Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
77 between the local highway authority and another entity, the local highway authority may not
78 reopen the closed portion of the road until the lease agreement terminates.
79 (e) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.
80 2477 right-of-way temporarily closed under this section if the alternate route is closed for any
81 reason.
82 (f) A temporary closure authorized under Subsection (3)(c)(ii) shall:
83 (i) be authorized annually; and
84 (ii) not exceed two years or the time it takes to complete the correction or mitigation,
85 whichever is less.
86 (4) To authorize a closure of a road under Subsection (3) or (7), a local highway
87 authority shall pass an ordinance to temporarily or indefinitely close the road.
88 (5) Before authorizing a temporary or indefinite closure as described in Subsection (4),
89 a highway authority shall:
90 (a) hold a hearing on the proposed temporary or indefinite closure;
91 (b) provide notice of the hearing by mailing a notice to the Department of
92 Transportation; and
93 (c) except for a closure under Subsection (3)(c)(iii), provide notice to the owners of the
94 properties abutting the highway, as a class B notice under Section 63G-30-102, for at least four
95 weeks before the day of the hearing.
96 (6) The right-of-way and easements, if any, of a property owner and the franchise rights
97 of any public utility may not be impaired by a temporary or indefinite closure authorized under
98 this section.
99 (7) (a) A local highway authority may close to vehicular travel and convert to another
100 public use or purpose a highway, road, or street over which the local highway authority has
101 jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
102 that:
103 (i) the closed highway, road, or street is not necessary for vehicular travel;
104 (ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
105 to private or public land resources on or near the highway, road, or street; or
106 (iii) the closure of the highway, road, or street is necessary to mitigate unsafe
107 conditions.
108 (b) If a local highway authority indefinitely closes all or part of a highway, road, or
109 street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
110 agreement between the local highway authority and another entity, the local highway authority
111 may not reopen the closed portion of the road until the lease agreement terminates.
112 (c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
113 Section 2. Effective date.
114 This bill takes effect on May 1, 2024.