72-5-303. Maintenance -- Impact on adjacent land owners.
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/ut/title-72/chapter-5/72-5-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
72-5-303. Maintenance -- Impact on adjacent land owners.
(a)The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for vehicular travel.
(b)A decision to improve or not improve an R.S. 2477 right-of-way is a purely discretionary function.
(2)The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall exercise their rights without unreasonably interfering with one another.
(3)The holder of the R.S. 2477 right-of-way shall design and conduct construction and maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with applicable safety standards.
Renumbered and Amended by Chapter 270 , 1998 General Session