§ 72-5-305 — Term of grant -- Abandonment.

Utah § 72-5-305

• Jurisdiction: Utah
• Title 72: Transportation Code
• Ch. 72-5: Rights-Of-Way Act
• Part 72-5-3: Rights-Of-Way Across Federal Lands Act

Text

(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term.
(2) (2)(a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in Part 1, Public Highways, of this chapter.
(2)(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state.
(2)(c) To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political subdivision shall:
(2)(c)(i) comply with Subsection 72-3-105(9); and
(2)(c)(ii) provide notice of abandonment to the advisor of the Public Lands Policy Coordinating Office created in Section 63L-11-201.
(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.

Legislative History

Amended by Chapter 131, 2025 General Session