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UTAH STATUTES AND CODES
72-5-307 - Agreement affecting R.S. 2477 right-of-way.
72-5-307. Agreement affecting R.S. 2477 right-of-way.
(1) Before a political subdivision of the state enters into an agreement with the federalgovernment affecting the rights, status, or scope of an R.S. 2477 right-of-way, the politicalsubdivision shall give written notice of its intent to enter the agreement, together with a copy ofthe proposed final agreement, to the governing body of every county of the state through whichthe right-of-way extends.
(2) After receiving notice of the proposed agreement, the governing body of a countyshall, within 60 days, give written notice to the political subdivision that:
(a) the county does not object to the proposed agreement; or
(b) the county objects to the proposed agreement.
(3) If the governing body of a county through which an R.S. 2477 right-of-way extendsobjects to a proposed agreement in accordance with Subsection (2), the political subdivisionproposing to enter into the agreement may only enter into the agreement if it obtains declaratoryrelief from the district court. The relief shall be granted if the political subdivision shows by apreponderance of evidence that the proposed agreement does not materially affect the objectingcounty's interests.
(4) If the governing body of a county through which an R.S. 2477 right-of-way extendsfails to object within 60 days after receiving notice, in accordance with Subsection (2), the countyis considered not to have an objection.
(5) If a political subdivision fails to provide notice of a proposed agreement to a countyas required by Subsection (1), the political subdivision is considered without authority to enterinto the agreement, and the agreement is void.
(6) In accordance with the joint title provisions in Subsection 72-5-302(2), an agreementbetween a political subdivision of the state and the federal government may not affect the interestsof the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.
(7) This section does not affect an agreement made solely for the purpose of:
(a) maintenance, as defined under Section 72-5-301; or
(b) preserving safe travel of an R.S. 2477 right-of-way.
(1) Before a political subdivision of the state enters into an agreement with the federalgovernment affecting the rights, status, or scope of an R.S. 2477 right-of-way, the politicalsubdivision shall give written notice of its intent to enter the agreement, together with a copy ofthe proposed final agreement, to the governing body of every county of the state through whichthe right-of-way extends.
(2) After receiving notice of the proposed agreement, the governing body of a countyshall, within 60 days, give written notice to the political subdivision that:
(a) the county does not object to the proposed agreement; or
(b) the county objects to the proposed agreement.
(3) If the governing body of a county through which an R.S. 2477 right-of-way extendsobjects to a proposed agreement in accordance with Subsection (2), the political subdivisionproposing to enter into the agreement may only enter into the agreement if it obtains declaratoryrelief from the district court. The relief shall be granted if the political subdivision shows by apreponderance of evidence that the proposed agreement does not materially affect the objectingcounty's interests.
(4) If the governing body of a county through which an R.S. 2477 right-of-way extendsfails to object within 60 days after receiving notice, in accordance with Subsection (2), the countyis considered not to have an objection.
(5) If a political subdivision fails to provide notice of a proposed agreement to a countyas required by Subsection (1), the political subdivision is considered without authority to enterinto the agreement, and the agreement is void.
(6) In accordance with the joint title provisions in Subsection 72-5-302(2), an agreementbetween a political subdivision of the state and the federal government may not affect the interestsof the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.
(7) This section does not affect an agreement made solely for the purpose of:
(a) maintenance, as defined under Section 72-5-301; or
(b) preserving safe travel of an R.S. 2477 right-of-way.
Enacted by Chapter 123, 2001 General Session
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