Utah Statutes
§ 72-5-303 — Maintenance -- Impact on adjacent land owners.
Utah § 72-5-303
JurisdictionUtah
Title 72Transportation Code
Ch. 72-5Rights-Of-Way Act
Part 72-5-3Rights-Of-Way Across Federal Lands Act
This text of Utah § 72-5-303 (Maintenance -- Impact on adjacent land owners.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Utah Code Ann. § 72-5-303 (2026).
Text
(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
Southern Utah Wilderness Alliance v. Bureau of Land Management
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.Cite This Page — Counsel Stack
Bluebook (online)
Utah § 72-5-303, Counsel Stack Legal Research, https://law.counselstack.com/statute/ut/72-5-303.