Utah Code 72-5-307. Agreement affecting R.S. 2477 right-of-way
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(1) Before a political subdivision of the state enters into an agreement with the federal government affecting the rights, status, or scope of an R.S. 2477 right-of-way, the political subdivision shall give written notice of its intent to enter the agreement, together with a copy of the proposed final agreement, to the governing body of every county of the state through which the right-of-way extends.
Terms Used In Utah Code 72-5-307
- 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.
- 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
- 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
- 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
(2) After receiving notice of the proposed agreement, the governing body of a county shall, within 60 days, give written notice to the political subdivision that:(2)(a) the county does not object to the proposed agreement; or(2)(b) the county objects to the proposed agreement.(3) If the governing body of a county through which an R.S. 2477 right-of-way extends objects to a proposed agreement in accordance with Subsection(2) , the political subdivision proposing to enter into the agreement may only enter into the agreement if it obtains declaratory relief from the district court. The relief shall be granted if the political subdivision shows by a preponderance of evidence that the proposed agreement does not materially affect the objecting county’s interests.(4) If the governing body of a county through which an R.S. 2477 right-of-way extends fails to object within 60 days after receiving notice, in accordance with Subsection(2) , the county is considered not to have an objection.(5) If a political subdivision fails to provide notice of a proposed agreement to a county as required by Subsection(1) , the political subdivision is considered without authority to enter into the agreement, and the agreement is void.(6) In accordance with the joint title provisions in Subsection72-5-302(2) , an agreement between a political subdivision of the state and the federal government may not affect the interests of the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.(7) This section does not affect an agreement made solely for the purpose of:(7)(a) maintenance, as defined under Section72-5-301 ; or(7)(b) preserving safe travel of an R.S. 2477 right-of-way.