Utah Code 72-5-403. Transportation corridor preservation powers
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(1) The department, counties, and municipalities may:
Terms Used In Utah Code 72-5-403
- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- 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
- 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
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- 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- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) act in cooperation with one another and other government entities to promote planning for and enhance the preservation of transportation corridors and to more effectively use the money available in the Marda Dillree Corridor Preservation Fund created in Section 72-2-117;(1)(b) undertake transportation corridor planning, review, and preservation processes; and(1)(c) acquire fee simple rights and other rights of less than fee simple, including easement and development rights, or the rights to limit development, including rights in alternative transportation corridors, and to make these acquisitions up to a projected 40 years in advance of using those rights in actual transportation facility construction.(2) In addition to the powers described under Subsection (1), counties and municipalities may:(2)(a) limit development for transportation corridor preservation by land use regulation and by official maps; and(2)(b) by ordinance prescribe procedures for approving limited development in transportation corridors until the time transportation facility construction begins.(3)(3)(a) The department shall identify and the commission shall approve transportation corridors as high priority transportation corridors for transportation corridor preservation.(3)(b) The department shall notify a county or municipality if the county or municipality has land within its boundaries that is located within the boundaries of a high priority transportation corridor.(3)(c) The department may, on a voluntary basis, acquire private property rights within the boundaries of a high priority transportation corridor for which a notification has been received in accordance with Section 10-9a-206 or 17-27a-206.