Utah Code 72-10-1101. Navigable airspace leasing
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(1) A highway authority may enter into a non-exclusive lease agreement for the use of the navigable airspace above a highway for private purposes:
Terms Used In Utah Code 72-10-1101
- 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
- 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
- Navigable airspace: means the same as that term is defined in Utah Code 72-10-102 v2
(1)(a) for such period as the highway authority determines the navigable airspace will not be needed for public purposes; and
(1)(b) upon other terms and conditions the highway authority finds to be in the public interest.
(2) Before entering into a lease agreement for the use of navigable airspace, a highway authority shall ensure that the agreement described in Subsection (1) is consistent with Federal Aviation Administration requirements.
(3) The highway authority shall determine whether the agreement described in Subsection (1) will unreasonably interfere with the public use and utility of the highway and is in the public interest.
(4) An agreement described in Subsection (1) does not affect the dedication of the highway under Section 72-5-104 .