72-5-104. Public use constituting dedication -- Scope.

530 words·~2 min read·/ut/title-72/chapter-5/72-5-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section,"highway," "street," or "road" does not include an area principally used as a parking lot.

(2)A highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of 10 years.

(3)The requirement of continuous use under Subsection

(2)is satisfied if the use is as frequent as the public finds convenient or necessary and may be seasonal or follow some other pattern.

(4)Continuous use as a public thoroughfare under Subsection

(2)is interrupted when:

(a)the person or entity interrupting the continuous use gives not less than 72 hours advance written notice of the interruption to the highway authority having jurisdiction of the highway, street, or road;

(b)the property owner undertakes an overt act which is intended to interrupt the use of the highway, street, or road as a public thoroughfare; and

(c)the overt act described in Subsection (4)(b) is reasonably calculated to interrupt the regularly established pattern and frequency of public use for the given highway, street, or road for a period of no less than 24 hours.

(5)Installation of gates and posting of no trespassing signs are relevant forms of evidence but are not solely determinative of whether an interruption under Subsection

(4)has occurred.

(6)A property owner's interruption under Subsection

(4)of a highway, street, or road where the requirement of continuous use under Subsection

(2)is not satisfied restarts the running of the 10-year period of continuous use required for dedication under Subsection (2).

(a)The burden of proving dedication under Subsection

(2)is on the party asserting the dedication.

(b)The burden of proving interruption under Subsection

(4)is on the party asserting the interruption.

(a)The dedication and abandonment creates a right-of-way held by the state or a local highway authority in accordance with Sections 72-3-102 , 72-3-103 , 72-3-104 , 72-3-105 , and 72-5-103 .

(b)A property owner's interruption under Subsection

(4)of a right-of-way claimed by the state or local highway authority in accordance with Subsection (8)(a) or R.S. 2477 has no effect on the validity of the state's or local highway authority's claim to the right-of-way and does not return the right-of-way to the property owner.

(9)The scope of a right-of-way described in Subsection (8)(a) is that which is reasonable and necessary to ensure safe travel according to the facts and circumstances.

(10)The provisions of this section apply to any claim under this section for which a court of competent jurisdiction has not issued a final unappealable judgment or order.

(a)Before a person may file an action in district court to determine or challenge whether a highway, street, or road has been dedicated to the public as described in this section, the person shall first provide 30-day written notice to the relevant highway authority.

(b)In an action described in Subsection (11)(a), the person shall name as a defendant the highway authority that would have jurisdiction over the highway, street, or road.

Amended by Chapter 517 , 2024 General Session