72-5-103 - Acquisition of rights-of-way and other real property -- Title to property acquired. - Utah Statutes

72-5-103. Acquisition of rights-of-way and other real property -- Title to propertyacquired.
(1) The department may acquire any real property or interests in real property necessaryfor temporary, present, or reasonable future state transportation purposes by gift, agreement,exchange, purchase, condemnation, or otherwise.
(2) (a) (i) Title to real property acquired by the department or the counties, cities, andtowns by gift, agreement, exchange, purchase, condemnation, or otherwise for highwayrights-of-way or other transportation purposes may be in fee simple or any lesser estate orinterest.
(ii) Title to real property acquired by the department for a public transit project shall betransferred to the public transit district responsible for the project.
(iii) A public transit district shall cover all costs associated with any condemnation on itsbehalf.
(b) If the highway is a county road, city street under joint title as provided in Subsection72-3-104(3), or right-of-way described in Title 72, Chapter 5, Part 3, Rights-of-way AcrossFederal Lands Act, title to all interests in real property less than fee simple held under this sectionis held jointly by the state and the county, city, or town holding the interest.
(3) A transfer of land bounded by a highway on a right-of-way for which the public hasonly an easement passes the title of the person whose estate is transferred to the middle of thehighway.

Amended by Chapter 79, 2001 General Session