72-5-203 - Public easement or right of entry -- Grant -- Application -- Conditions. - Utah Statutes

72-5-203. Public easement or right of entry -- Grant -- Application -- Conditions.
(1) (a) (i) Subject to Section 53C-1-302 and Subsection 53C-1-204(1), a temporarypublic easement or right of entry is granted for each highway existing prior to January 1, 1992,that terminates at or within or traverses any state lands and that has been constructed andmaintained or used by a responsible authority.
(ii) The temporary public easement or right of entry granted under Subsection (1)(a)(i) is100 feet wide for each class A and B highway.
(b) Each easement shall remain in effect through June 30, 2004, or until a permanenteasement or right of entry has been established under Subsection (2), whichever is greater.
(2) (a) The School and Institutional Trust Lands Administration and the Division ofForestry, Fire, and State Lands shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, establishing an application process for a responsible authority toobtain a permanent easement or right of entry over any temporary public easement granted underSubsection (1), subject to the provisions of Subsections (2)(b), (c), and (d).
(b) A grant of a permanent easement or right of entry across sovereign lands shall bemade upon a showing to the Division of Forestry, Fire, and State Lands that continued use of theeasement will provide a public benefit commensurate with the value of the permanent easementor right of entry.
(c) A grant of a permanent easement or right of entry across trust lands shall be madeupon a showing to the School and Institutional Trust Lands Administration that the grant isconsistent with the state's fiduciary responsibilities under Section 53C-1-302 and Subsection53C-1-204(1).
(d) A grant of a permanent easement or right of entry across state lands other thansovereign and trust lands shall be made upon a showing to the managing unit of state governmentthat the continued use will provide a public benefit commensurate with the value of the easementand will not unreasonably interfere with the purposes for which the land was obtained or is nowheld.
(3) The grant of the temporary public easement or right of entry under Subsection (1) isconsistent with the trust responsibilities of the state and in the best interest of the state.
(4) A responsible authority that has been granted a permanent easement or right of entryover state lands may maintain the permanent easement or right of entry for the uses to which thepermanent easement or right of entry was put prior to and including January 1, 1992, subject tothe right of the managing unit of state government or private party to relocate the permanenteasement or right of entry.
(5) The grant of a permanent easement or right of entry under this section is effective onthe date the highway was originally constructed or established for public use.

Amended by Chapter 344, 2009 General Session