Terms Used In Utah Code > Title 72 > Chapter 5 > Part 3 - Rights-Of-Way Across Federal Lands Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public lands not reserved for public uses: means the surface of federal lands open to entry and location and includes the surface of lands that are subject to subsurface coal withdrawals or mining claims. 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
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. 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
• Statute: A law passed by a legislature.
• Venue: The geographical location in which a case is tried.