72-5-105 - Highways, streets, or roads once established continue until abandoned -- Temporary closure. - Utah Statutes

72-5-105. Highways, streets, or roads once established continue until abandoned --Temporary closure.
(1) All public highways, streets, or roads once established shall continue to be highways,streets, or roads until abandoned or vacated by order of a highway authority having jurisdiction orby other competent authority.
(2) (a) For purposes of assessment, upon the recordation of an order executed by theproper authority with the county recorder's office, title to the vacated or abandoned highway,street, or road shall vest to the adjoining record owners, with 1/2 of the width of the highway,street, or road assessed to each of the adjoining owners.
(b) Provided, however, that should a description of an owner of record extend into thevacated or abandoned highway, street, or road that portion of the vacated or abandoned highway,street, or road shall vest in the record owner, with the remainder of the highway, street, or roadvested as otherwise provided in this Subsection (2).
(3) (a) In accordance with this section, a state or local highway authority may temporarilyclose a class B or D road, an R.S. 2477 right-of-way, or a portion of a class B or D road or R.S.2477 right-of-way.
(b) A temporary closure authorized under this section is not an abandonment.
(c) A temporary closure under Subsection (3)(a) may be authorized only under thefollowing circumstances:
(i) when a federal authority, or other person, provides an alternate route to an R.S. 2477right-of-way or portion of an R.S. 2477 right-of-way that is:
(A) accepted by the highway authority; and
(B) formalized by:
(I) a federal permit; or
(II) a written agreement between the federal authority or other person and the highwayauthority; or
(ii) when a state or local highway authority determines that correction or mitigation ofinjury to private or public land resources is necessary on or near a class B or D road or portion ofa class B or D road.
(d) A highway authority shall reopen an R.S. 2477 right-of-way or portion of an R.S.2477 right-of-way temporarily closed under this section if the alternate route is closed for anyreason.
(e) A temporary closure authorized under Subsection (3)(c)(ii) shall:
(i) be authorized annually; and
(ii) not exceed two years or the time it takes to complete the correction or mitigation,whichever is less.
(4) Prior to authorizing a temporary closure under Subsection (3), a highway authorityshall:
(a) hold a hearing on the proposed temporary closure;
(b) provide notice of the hearing by:
(i) mailing a notice to the Department of Transportation and all owners of propertyabutting the highway; and
(ii) (A) publishing the notice:
(I) in a newspaper of general circulation in the county at least once a week for fourconsecutive weeks before the hearing; and

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(II) on the Utah Public Notice Website created in Section 63F-1-701, for four weeksbefore the hearing; or
(B) posting the notice in three public places for at least four consecutive weeks prior tothe hearing; and
(c) pass an ordinance authorizing the temporary closure.
(5) The right-of-way and easements, if any, of a property owner and the franchise rightsof any public utility may not be impaired by a temporary closure authorized under this section.

Amended by Chapter 90, 2010 General Session