Utah Code 63H-1-207. Authority jurisdiction over Department of Transportation property

63H-1-207. Authority jurisdiction over Department of Transportation property.

(1)

As used in this section:

Authority: means the Military Installation Development Authority, created under Section 63H-1-201. See Utah Code 63H-1-102
Highway: includes :Utah Code 68-3-12.5
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Land: includes :Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States or the state. See Utah Code 63H-1-102
Project area: means the land, including military land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 63H-1-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Road: includes :Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.

(a)

“Highway land” means land that is:

(i)	owned by the Department of Transportation, created in Section 72-1-201; and

(ii)	within an authority project area that was created to provide military recreation facilities and support.

(b)

“Highway land” does not include:

(i)	a class A state road that is in active use; and

(ii)	a shoulder or appurtenance that is contiguous to a class A state road that is in active use.

(2)	Notwithstanding any other provision of statute, the authority has jurisdiction and control over highway land, subject to Subsection (3).

(3)	The executive director of the Department of Transportation may, in consultation with the authority, transfer, sell, trade, or lease the highway land or any interest in the highway land as provided in Section 72-5-111 and any applicable rules and regulations.

Enacted by Chapter 282, 2020 General Session