(1)  The department may acquire any real property or interests in real property necessary for temporary, present, or reasonable future state transportation purposes by gift, agreement, exchange, purchase, condemnation, or otherwise.

Terms Used In Utah Code 72-5-103

  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
  • 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
  • state transportation purposes: includes :
(1) highway, public transit facility, and transportation rights-of-way, including those necessary within cities and towns;
(2) the construction, reconstruction, relocation, improvement, maintenance, and mitigation from the effects of these activities on state highways and other transportation facilities, including parking facilities, under the control of the department;
(3) limited access facilities, including rights of access, air, light, and view and frontage and service roads to highways;
(4) adequate drainage in connection with any highway, cut, fill, or channel change and the maintenance of any highway, cut, fill, or channel change;
(5) weighing stations, shops, offices, storage buildings and yards, and road maintenance or construction sites;
(6) road material sites, sites for the manufacture of road materials, and access roads to the sites;
(7) the maintenance of an unobstructed view of any portion of a highway to promote the safety of the traveling public;
(8) the placement of traffic signals, directional signs, and other signs, fences, curbs, barriers, and obstructions for the convenience of the traveling public;
(9) the construction and maintenance of storm sewers, sidewalks, and highway illumination;
(10) the construction and maintenance of livestock highways;
(11) the construction and maintenance of roadside rest areas adjacent to or near any highway; and
(12) the mitigation of impacts from transportation projects. See Utah Code 72-5-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
    • (2) 

    (a) 

    (i)  Title to real property acquired by the department or the counties, cities, and towns by gift, agreement, exchange, purchase, condemnation, or otherwise for highway rights-of-way or other transportation purposes may be in fee simple or any lesser estate or interest.

    (ii)  Title to real property acquired by the department for a public transit project shall be transferred to the public transit district responsible for the project.

    (iii)  A public transit district shall cover all costs associated with any condemnation on its behalf.

    (b)  If the highway is a county road, city street under joint title as provided in Subsection 72-3-104(3), or right-of-way described in 3, title to all interests in real property less than fee simple held under this section is held jointly by the state and the county, city, or town holding the interest.

    (3)  A transfer of land bounded by a highway on a right-of-way for which the public has only an easement passes the title of the person whose estate is transferred to the middle of the highway.

    Amended by Chapter 79, 2001 General Session

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