Utah Code Title 56. Railroads § 56-1-39. Assessment for right of way infrastructure improvements

(a) “Benefit” includes enhanced property value, enhanced safety or efficiency, reduced costs, and liability avoidance.

(b) “Government entity” means the state or a county, city, town, special district, or special service district.

(e) “Public infrastructure” means any of the following improvements:

(a) the government entity determines that the right of way infrastructure improvement provides a benefit to the railroad;

(b) the amount of the assessment is proportionate to the benefit the railroad receives, as determined by the government entity; and

(c) the government entity uses the assessment to pay for or as reimbursement for the cost of the right of way infrastructure improvement and not for the general support of the government entity.

(4)(a) If two or more government entities have authority under this section to assess a railroad for the same right of way infrastructure improvement, the Office of Rail Safety created in Section 72-17-101 shall:

(b) The total amount of an assessment under this Subsection (4) may not exceed the amount described in Subsection (3)(b).

(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to establish a process for implementing the provisions of this Subsection (4).