Utah Code 63L-8-502. Rights-of-way for roads or facilities

63L-8-502. Rights-of-way for roads or facilities.

(1)

If the state receives title to public land from the federal government, the director shall, subject to Subsection (2), honor all:

Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public land: means any land or land interest:

(a)

acquired by the state from the federal government pursuant to Section 63L-6-103, except:

(i)	areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and

(ii)	lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or

(b)	for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102 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
(a)	pre-existing rights-of-way granted to individuals, corporations, or political subdivisions, subject to Subsection (2); and

(b)	rights-of-way asserted in quiet title lawsuits filed by the state or a county in federal court prior to taking ownership of the subject property.

(2)	If the director determines it is in the best interest of the state, the director may modify the fees, if any, charged to the holder of a right-of-way.

Enacted by Chapter 317, 2016 General Session