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

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 72. Transportation Code § 72-5-303. Maintenance--Impact on adjacent land owners - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-72-transportation-code/ut-code-sect-72-5-303/

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