(1) If property devoted to or held for some other public use for which the power of eminent domain might be exercised is to be taken for state transportation purposes, the department may, with the consent of the person or agency in charge of the other public use, condemn real property to be exchanged with the person or agency for the real property to be taken for state transportation purposes.

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Terms Used In Utah Code 72-5-115

  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. 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
  • 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
(2) This section does not limit the department’s authorization to acquire, other than by condemnation, property for exchange purposes.