Utah Statutes
§ 72-5-303 — Maintenance -- Impact on adjacent land owners.
Utah·Title 72 Transportation Code·Ch. 72-5 Rights-Of-Way Act·Part 72-5-3 Rights-Of-Way Across Federal Lands Act
(1)(1)(a) The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for vehicular travel.
(1)(b) A decision to improve or not improve an R.S. 2477 right-of-way is a purely discretionary function.
(2)The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall exercise their rights without unreasonably interfering with one another.
(3)The holder of the R.S. 2477 right-of-way shall design and conduct construction and maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with applicable safety standards.
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Related
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425 F.3d 735 (Tenth Circuit, 2005)
Kane County Utah v. Salazar
562 F.3d 1077 (Tenth Circuit, 2009)
United States v. Garfield County
122 F. Supp. 2d 1201 (D. Utah, 2000)
Kane County, Utah v. Kempthorne
495 F. Supp. 2d 1143 (D. Utah, 2007)
So. Utah Wilderness v. BLM
(Tenth Circuit, 2005)
Legislative History
Renumbered and Amended by Chapter 270, 1998 General Session
Nearby Sections
15
§ 72-1-101
Title.§ 72-1-102
Definitions.§ 72-1-201
Creation of Department of Transportation -- Functions, powers, duties, rights, and responsibilities.§ 72-1-203
Deputy director -- Appointment -- Qualifications -- Other assistants and advisers -- Salaries.§ 72-1-204
Divisions enumerated -- Duties.§ 72-1-212
Special use permitting -- Rulemaking.