Utah Code 72-5-405. Private owner rights
Current as of: 2024 | Check for updates
|
Other versions
(1) The department, counties, and municipalities shall observe all protections conferred on private property rights, including Title 63L, Chapter 3, Private Property Protection Act , Title 63L, Chapter 4, Constitutional Takings Issues Act , and compensation for takings.
Terms Used In Utah Code 72-5-405
- 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
- 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.
- Official map: means a map, drawn by government authorities and recorded in county recording offices that:
(4)(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;(4)(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and(4)(c) for counties and municipalities may be adopted as an element of the general plan, pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part 4, General Plan. See Utah Code 72-5-401- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) Private property owners from whom less than fee simple rights are obtained for transportation corridors or transportation corridor preservation have the right to petition the department, a county, or a municipality to acquire the entire fee simple interest in the affected property.(3)(3)(a) A private property owner whose property’s development is limited or restricted by a power granted under this part may petition the county or municipality that adopted the official map to acquire less than or the entire fee simple interest in the affected property, at the option of the property owner.(3)(b) If the county or municipality petitioned under Subsection(3)(a) does not acquire the interest in the property requested by the property owner, then the county or municipality may not exercise any of the powers granted under this part to limit or restrict the affected property’s development.