(1) The department may:

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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 Section 63A-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.