§ 63C-4a-403 — Due process and adjudication for closure of a road -- Plans for R.S. 2477 rights.

Utah § 63C-4a-403

• Jurisdiction: Utah
• Title 63C: State Commissions and Councils Code
• Ch. 63C-4a: Constitutional and Federalism Defense Act
• Part 63C-4a-4: Constitutional Defense Litigation

Text

(1) (1)(a) Any road on or across federally managed property and that is found on a county's class B and class D road map or a county travel plan is presumed to be a public road open for public use unless the road has been closed through an appropriate action of the state or federal government properly adjudicated and with due process.
(1)(b) If the federal government attempts to close a road on a county's class B and class D road map or county travel plan without proper adjudication and due process:
(1)(b)(i) the closure is invalid and has no effect; and
(1)(b)(ii) the state and county may disregard the alleged closure.
(1)(c) In an adjudication to determine ownership of a disputed road that is included in a county travel plan, including an R.S. 2477 claim, the federal government has the burden of proof to show that the disputed road is not a public road and warrants closure.
(2) The council may approve an R.S. 2477 plan if the R.S. 2477 plan:
(2)(a) provides for a good faith, cooperative effort between the state and each participating county;
(2)(b) allows a county to formally agree to participate in the R.S. 2477 plan by adopting a resolution;
(2)(c) provides that the state and a participating county are equal partners in determining litigation strategy and the expenditure of resources with respect to that county's rights under R.S. 2477; and
(2)(d) provides a process for resolving any disagreement between the state and a participating county about litigation strategy or resource expenditure that includes the following requirements:
(2)(d)(i) the governor or the governor's designee and a representative of the Utah Association of Counties shall first attempt to resolve the disagreement;
(2)(d)(ii) if the county and the state continue to disagree, the county, the governor, and the Utah Association of Counties shall present their recommendations to the council for a final decision about the strategy or expenditure in question; and
(2)(d)(iii) the county may pursue a strategy or make an expenditure contrary to the final decision of the council only if the county does not claim resources provided to fund the R.S. 2477 plan.
(3) The council shall ensure that the R.S. 2477 plan contains:
(3)(a) provisions identifying which expenditure types require approval of the R.S. 2477 plan committee and which expenditure types may be made without the R.S. 2477 plan committee approval;
(3)(b) provisions requiring that financial statements be provided to members of the R.S. 2477 plan committee and members of the council, and the frequency with which those financial statements must be provided;
(3)(c) provisions identifying those decisions or types of decisions that may be made by the R.S. 2477 plan committee and those decisions or types of decisions that must be referred to the council for decision; and
(3)(d) procedures to assert claims and respond to attempted closures as described in Subsection (1).
(4) The council shall:
(4)(a) review expenditures, at least annually, made to further a plan approved under this section;
(4)(b) approve an update to a plan under this section at least annually, or more often, if necessary; and
(4)(c) ensure that the Public Lands Policy Coordinating Office:
(4)(c)(i) presents a R.S. 2477 plan approved under this section, with any updates, to the Natural Resources, Agriculture, and Environment Interim Committee on or before July 1 of each calendar year; and
(4)(c)(ii) provides a hard copy or electronic copy of the R.S. 2477 plan approved under this section, with any updates to the plan, to:
(4)(c)(ii)(A) the commission; and
(4)(c)(ii)(B) the president of the Senate and the speaker of the House of Representatives.

Legislative History

Amended by Chapter 140, 2025 General Session