63H-1-207. Authority jurisdiction over Department of Transportation property.
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Effective 3/21/2024
63H-1-207. Authority jurisdiction over Department of Transportation property.
(1)As used in this section:
(a)"Highway land" means land that is:
(i)owned by the Department of Transportation, created in Section 72-1-201 ; and
(A)as of April 1, 2024, an area of no more than 35 total acres, adjacent to State Route 40, and within a military recreation facility project area.
(B)is within two miles of a state park.
(b)"Highway land" does not include:
(i)a class A state road that is in active use; and
(ii)a shoulder or appurtenance that is contiguous to a class A state road that is in active use.
(2)Notwithstanding any other provision of statute, the authority has jurisdiction and control over highway land, subject to Subsection (3).
(a)The executive director of the Department of Transportation may, in consultation with the authority, transfer, sell, trade, or lease the highway land or any interest in the highway land as provided in Section 72-5-111 and any applicable rules and regulations.
(i)Notwithstanding Section 72-5-111 , if the Department of Transportation sells highway land or any interest in highway land to the authority, the Department of Transportation shall transfer the proceeds of the sale to the authority.
(ii)The authority shall use any proceeds of a sale described in Subsection (3)(b)(i) for transportation or transit purposes within the project area where the sale of the highway land or interest in the highway land occurred.