Terms Used In Utah Code > Title 72 > Chapter 5 - Rights-Of-Way Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appraisal: A determination of property value.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
• Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
• Construction: includes :

  (i)	removing vegetation;

  (ii)	moving obstructions, including rocks, boulders, and outcroppings;

  (iii)

  filling low spots;

  (iv)	maintenance over several years;

  (v)	creation of an identifiable route by use over time; and

  (vi)

  other similar activities. See Utah Code 72-5-301 Contract: A legal written agreement that becomes binding when signed. Corridor: means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it. See Utah Code 72-5-401 Corridor preservation: means planning or acquisition processes intended to: (a)  protect or enhance the capacity of existing corridors; and (b)  protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction. See Utah Code 72-5-401 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Cut-off date: means the earlier of the date the underlying land was reserved for public use or October 21, 1976. See Utah Code 72-5-301 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102 Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102 Development: means : (a)  the subdividing of land; (b)  the construction of improvements, expansions, or additions; or (c)  any other action that will appreciably increase the value of and the future acquisition cost of land. See Utah Code 72-5-401 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Fixed guideway capital development: includes : (i)  a project to strategically double track commuter rail lines; and (ii)  a project to develop and construct public transit facilities and related infrastructure pertaining to the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 72-1-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. 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 Highway: includes : (i)  pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance; and (ii)  irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water transmission and their attendant access for maintenance. See Utah Code 72-5-301 Highway authority: means the department or the legislative, executive, or governing body of a county or municipality. See Utah Code 72-1-102 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 Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102 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 License: means : (a)  a retail license; (b)  a sublicense; (c)  a license issued in accordance with 4; (d)  a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e)  a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f)  a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g)  a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 Licensee: means a person who holds a license. See Utah Code 32B-1-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Maintenance: means any physical act of upkeep of a highway or repair of wear or damage whether from natural or other causes, including the following: (a)  vertical and horizontal alignment alterations to meet applicable safety standards; (b)  widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards; (c)  grooming and grading of the previously constructed road surface; (d)  establishing and maintaining the road crown with materials gathered along the road; (e)  filling ruts; (f)  spot filling with the same materials of the road, or improved materials; (g)  leveling or smoothing washboards; (h)  clearing the roadway of obstructing debris; (i)  cleaning culverts, including head basins and outlets; (j)  resurfacing with the same or improved materials; (k)  installing, maintaining, repairing and replacing rip rap; (l)  maintaining drainage; (m)  maintaining and repairing washes and gullies; (n)  installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion; (o)  repairing washouts; (p)  installing, maintaining, repairing and replacing marker posts; (q)  installing, maintaining, and repairing water crossings; (r)  installing, maintaining, and repairing and replacing cattle guards; (s)  installing, maintaining, and repairing and replacing road signs; (t)  installing, maintaining, and repairing and replacing road striping; (u)  repair, stabilization and improvement of cut and fill slopes; (v)  application of seal coats; or (w)  snow removal. See Utah Code 72-5-301 Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102 manufacturing license: means an alcoholic product manufacturing license issued under this chapter. See Utah Code 32B-11-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Official map: means a map, drawn by government authorities and recorded in county recording offices that: (a)  shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b)  provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c)  for counties and municipalities may be adopted as an element of the general plan, pursuant to 4, or 4. See Utah Code 72-5-401 Oversight: Committee review of the activities of a Federal agency or program. Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public lands not reserved for public uses: means the surface of federal lands open to entry and location and includes the surface of lands that are subject to subsurface coal withdrawals or mining claims. See Utah Code 72-5-301 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. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Responsible authority: means a private party, the state of Utah, or a political subdivision of the state claiming rights to a highway right-of-way, easement, or right of entry across state lands. See Utah Code 72-5-202 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 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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 lands: means sovereign and trust lands, as well as all other lands held by or on behalf of the departments, divisions, or institutions of the state. See Utah Code 72-5-202 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 Statute: A law passed by a legislature. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Wine: includes : (i)  an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102 Winery manufacturing license: means a license issued in accordance with 3. See Utah Code 32B-1-102 Writing: includes :Utah Code 68-3-12.5