Utah Code 72-5-302. Rights-of-way across federal lands — Title — Presumption — Scope
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(1) This part applies to all R.S. 2477 rights-of-way.
Terms Used In Utah Code 72-5-302
- Construction: includes :(2)(b)(i) removing vegetation;(2)(b)(ii) moving obstructions, including rocks, boulders, and outcroppings;(2)(b)(iii) filling low spots;(2)(b)(iv) maintenance over several years;(2)(b)(v) creation of an identifiable route by use over time; and(2)(b)(vi) other similar activities. See Utah Code 72-5-301
- Cut-off date: means the earlier of the date the underlying land was reserved for public use or October 21, 1976. See Utah Code 72-5-301
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: includes :
(4)(b)(i) pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance; and(4)(b)(ii) irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water transmission and their attendant access for maintenance. See Utah Code 72-5-301- 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- 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) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways in accordance with Sections72-3-102 ,72-3-103 ,72-3-104 ,72-3-105 , and72-5-103 .(3)(3)(a) Acceptance of a right-of-way for the construction of a highway over public lands, not reserved for public uses, is presumed if the state or a political subdivision of the state makes a finding that the highway was constructed and the right-of-way was accepted prior to October 21, 1976.(3)(b) The existence of a highway in a condition suitable for public use establishes a presumption that the highway has continued in use in its present location since the land over which it is built was public land not reserved for public use.(4)(4)(a) Unless specifically determined prior to the cut-off date provided in Section72-5-301 by the state or a political subdivision of the state with authority over the R.S. 2477 right-of-way, the scope of the R.S. 2477 right-of-way is that which is reasonable and necessary for all highway uses as of the cut-off date determined according to the facts and circumstances, including:(4)(a)(i) highway drainage facilities;(4)(a)(ii) shoulders adjacent to the right-of-way; and(4)(a)(iii) maintenance activities defined in Section72-5-301 that are reasonable and necessary.(4)(b) Unless specifically determined by the state or political subdivision of the state with the authority over the R.S. 2477 right-of-way, an R.S. 2477 right-of-way is presumed to be at least 66 feet wide if that is the usual width of highway rights-of-way in the area.(4)(c) The scope of the R.S. 2477 right-of-way includes the right to widen the highway as necessary to accommodate the increased travel associated with those uses, up to, where applicable, improving a highway to two lanes so travelers can safely pass each other.(5) The safety standards established by the Department of Transportation in accordance with Section72-6-102 apply to all determinations of safety on R.S. 2477 rights-of-way used for vehicular travel.