63H-1-208.  Former rail line.

(1)  A former rail line automatically becomes included within a project area located at an air force base if:

Terms Used In Utah Code 63H-1-208

  • Authority: means the Military Installation Development Authority, created under Section 63H-1-201. 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
(a)  the authority acquires title to the former rail line as provided in Subsection (2); and

(b)  a portion of the former rail line is adjacent to the project area.

(2)  Notwithstanding Section 72-5-117, the Department of Transportation may transfer to the authority, at no cost to the authority, title to that portion of a former rail line adjacent to a project area located at an air force base that the Department of Transportation does not need for construction of a freeway interchange.

(3)  The authority may:

(a)  develop the former rail line; or

(b)  transfer title of all or part of the former rail line, at no cost, to another governmental entity or nonprofit entity who agrees to receive the title.

(4)  A governmental entity or nonprofit entity that agrees to receive title to all or part of a former rail line under Subsection (3)(b) assumes responsibility for the maintenance of and any construction that remains to be completed on the former rail line.

Amended by Chapter 12, 2023 General Session