Utah Code 72-7-103. Limitation on access authority
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(1) As used in this section:
Terms Used In Utah Code 72-7-103
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Interstate system: means any highway officially designated by the department and included as part of the national interstate and defense highways, as provided in the Federal Aid Highway Act of 1956 and any supplemental acts or amendments. See Utah Code 72-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
(1)(a) “Highway facility” means:
(1)(a)(i) SR-7 as described in Section 72-4-106;
(1)(a)(ii) SR-67 as described in Section 72-4-112;
(1)(a)(iii) SR-85 as described in Section 72-4-114;
(1)(a)(iv) SR-154 as described in Section 72-4-121; or
(1)(a)(v) SR-201 as described in Section 72-4-126.
(1)(b) “Legal point of access” means an access established in accordance with applicable law:
(1)(b)(i) before July 1, 2003;
(1)(b)(ii) by permit issued by the highway authority; or
(1)(b)(iii) by a deed or court order.
(2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where:
(2)(a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or
(2)(b) no right of ingress or egress exists between the right-of-way and the adjoining property.
(3) For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless:
(3)(a) the property has reasonably equivalent access to the public highway after the legal access is closed; or
(3)(b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.