Utah Code 63H-1-207. Authority jurisdiction over Department of Transportation property
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 63H-1-207
- Authority: means the Military Installation Development Authority, created under Section
63H-1-201 . See Utah Code 63H-1-102 - Highway: includes :(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5
- 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 :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- 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
- Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States, the authority, or the state. 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
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See 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
- Statute: A law passed by a legislature.
(1)(a) “Highway land” means land that is:(1)(a)(i) owned by the Department of Transportation, created in Section72-1-201 ; and(1)(a)(ii)(1)(a)(ii)(A) as of April 1, 2024, an area of no more than 35 total acres, adjacent to State Route 40, and within a military recreation facility project area.(1)(a)(ii)(B) is within two miles of a state park.(1)(b) “Highway land” does not include:(1)(b)(i) a class A state road that is in active use; and(1)(b)(ii) a shoulder or appurtenance that is contiguous to a class A state road that is in active use.(2) Notwithstanding any other provision of statute, the authority has jurisdiction and control over highway land, subject to Subsection (3).(3)(3)(a) The executive director of the Department of Transportation may, in consultation with the authority, transfer, sell, trade, or lease the highway land or any interest in the highway land as provided in Section72-5-111 and any applicable rules and regulations.(3)(b)(3)(b)(i) Notwithstanding Section72-5-111 , if the Department of Transportation sells highway land or any interest in highway land to the authority, the Department of Transportation shall transfer the proceeds of the sale to the authority.(3)(b)(ii) The authority shall use any proceeds of a sale described in Subsection (3)(b)(i) for transportation or transit purposes within the project area where the sale of the highway land or interest in the highway land occurred.