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Utah · Through 2026 General Session

Utah Code § 72-5-303: Maintenance -- Impact on adjacent land owners.

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Where this section sits in the code
  1. Title 72 Transportation Code
  2. Chapter 72-5 Rights-Of-Way Act
  3. Part 72-5-3 Rights-Of-Way Across Federal Lands Act

(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.

(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.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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