Utah Code 72-5-110. Acquisition of personal property — Disposal of certain personal property
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(1) The department may:
Terms Used In Utah Code 72-5-110
- 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
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Personal property: All property that is not real property.
- Personal property: includes :(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
- Property: includes both real and personal property. 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(1)(a) acquire by gift, agreement, exchange, purchase, or otherwise machinery, tools, equipment, materials, supplies, or other personal property necessary for the administration, construction, maintenance, and operation of the state highways; and(1)(b) sell, exchange, or otherwise dispose of the machinery, tools, equipment, materials, supplies, and other personal property described in Subsection(1)(a) when no longer suitable or required for state transportation purposes.(2) In accordance with Section63A-2-409 , the department is exempt from using the state surplus property program when disposing of surplus personal property that was acquired as part of a transaction or legal action by the department acquiring real property for a state transportation purpose.(3) Proceeds from the sale, exchange, or other disposition of property described in Subsection(2) shall be deposited with the state treasurer and credited to the Transportation Fund.