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.
• Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
• Appraisal: A determination of property value.
• Bar establishment license: includes :
            (9)(b)(i) a dining club license;
            (9)(b)(ii) an equity license;
            (9)(b)(iii) a fraternal license; or
            (9)(b)(iv) a bar license. See Utah Code 32B-1-102
• Bar license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License. See Utah Code 32B-1-102
• Beer: means a product that:
            (11)(a)(i) contains:

                 (11)(a)(i)(A) at least . See Utah Code 32B-1-102
• Beer retailer: means a business that:
       (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
       (13)(b) is licensed as:

            (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or

            (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
• 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: includes :
            (2)(b)(i) removing vegetation;
            (2)(b)(ii) moving obstructions, including rocks, boulders, and outcroppings;
            (2)(b)(iii) filling low spots;
            (2)(b)(iv) maintenance over several years;
            (2)(b)(v) creation of an identifiable route by use over time; and
            (2)(b)(vi) other similar activities. See Utah Code 72-5-301
• 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
• Container: means a receptacle that contains an alcoholic product, including:
       (25)(a) a bottle;
       (25)(b) a vessel; or
       (25)(c) a similar item. See Utah Code 32B-1-102
• Conviction: A judgement of guilt against a criminal defendant.
• 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:
       (2)(a) protect or enhance the capacity of existing corridors; and
       (2)(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 :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 :
       (3)(a) the subdividing of land;
       (3)(b) the construction of improvements, expansions, or additions; or
       (3)(c) any other action that will appreciably increase the value of and the future acquisition cost of land. See Utah Code 72-5-401
• Dispensing structure: means a surface or structure on a licensed premises:
       (37)(a) where an alcoholic product is dispensed; or
       (37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
• Equity license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as an equity license. See Utah Code 32B-1-102
• Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
• Fiduciary: A trustee, executor, or administrator.
• Fixed guideway capital development: includes :
            (9)(b)(i) a project to strategically double track commuter rail lines; and
            (9)(b)(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
• Flavored malt beverage: means a beverage:
            (44)(a)(i) that contains at least . See Utah Code 32B-1-102
• Fraternal license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the commission as a fraternal license. See Utah Code 32B-1-102
• Furnish: includes to:
            (47)(b)(i) serve;
            (47)(b)(ii) deliver; or
            (47)(b)(iii) otherwise make available. See Utah Code 32B-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.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
• Hard cider: means the same as that term is defined in Utah Code 32B-1-102
• Heavy beer: means a product that:
            (51)(a)(i)

                 (51)(a)(i)(A) contains more than 5% alcohol by volume;

                 (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
• Highway: includes :
            (4)(b)(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
            (4)(b)(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: 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 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.
• Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
• License: means :
       (62)(a) a retail license;
       (62)(b) a sublicense;
       (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
       (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
       (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
       (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
       (62)(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
• Liquor: includes :
                 (66)(a)(ii)(A) heavy beer;
                 (66)(a)(ii)(B) wine; and
                 (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local authority: means :
       (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
       (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
       (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
• Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
• 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:
       (5)(a) vertical and horizontal alignment alterations to meet applicable safety standards;
       (5)(b) widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards;
       (5)(c) grooming and grading of the previously constructed road surface;
       (5)(d) establishing and maintaining the road crown with materials gathered along the road;
       (5)(e) filling ruts;
       (5)(f) spot filling with the same materials of the road, or improved materials;
       (5)(g) leveling or smoothing washboards;
       (5)(h) clearing the roadway of obstructing debris;
       (5)(i) cleaning culverts, including head basins and outlets;
       (5)(j) resurfacing with the same or improved materials;
       (5)(k) installing, maintaining, repairing and replacing rip rap;
       (5)(l) maintaining drainage;
       (5)(m) maintaining and repairing washes and gullies;
       (5)(n) installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion;
       (5)(o) repairing washouts;
       (5)(p) installing, maintaining, repairing and replacing marker posts;
       (5)(q) installing, maintaining, and repairing water crossings;
       (5)(r) installing, maintaining, and repairing and replacing cattle guards;
       (5)(s) installing, maintaining, and repairing and replacing road signs;
       (5)(t) installing, maintaining, and repairing and replacing road striping;
       (5)(u) repair, stabilization and improvement of cut and fill slopes;
       (5)(v) application of seal coats; or
       (5)(w) snow removal. See Utah Code 72-5-301
• Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
• Minor: means an individual under 21 years old. See Utah Code 32B-1-102
• offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
• Official map: means a map, drawn by government authorities and recorded in county recording offices that:
       (4)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
       (4)(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
       (4)(c) for counties and municipalities may be adopted as an element of the general plan, pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part 4, General Plan. See Utah Code 72-5-401
• Oversight: Committee review of the activities of a Federal agency or program.
• Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
       (87)(a) a customer;
       (87)(b) a member;
       (87)(c) a guest;
       (87)(d) an attendee of a banquet or event;
       (87)(e) an individual who receives room service;
       (87)(f) a resident of a resort; or
       (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
• 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
• Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
• 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
• Quorum: The number of legislators that must be present to do business.
• Record: includes :
            (103)(b)(i) a book;
            (103)(b)(ii) a book of account;
            (103)(b)(iii) a paper;
            (103)(b)(iv) a contract;
            (103)(b)(v) an agreement;
            (103)(b)(vi) a document; or
            (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
• 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
• 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.
• Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
• Staff: includes :
            (128)(b)(i) an officer;
            (128)(b)(ii) a director;
            (128)(b)(iii) an employee;
            (128)(b)(iv) personnel management;
            (128)(b)(v) an agent of the licensee, including a managing agent;
            (128)(b)(vi) an operator; or
            (128)(b)(vii) a representative. See Utah Code 32B-1-102
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Wine: includes :
            (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5