72-5-305. Term of grant -- Abandonment.
177 words·~1 min read·
/ut/title-72/chapter-5/72-5-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
72-5-305. Term of grant -- Abandonment.
(1)In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term.
(a)Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in Part 1, Public Highways , of this chapter.
(b)If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state.
(c)To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b) , a political subdivision shall:
(i)comply with Subsection 72-3-105(9) ; and
(ii)provide notice of abandonment to the advisor of the Public Lands Policy Coordinating Office created in Section 63L-11-201 .
(3)The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
(4)An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.
Amended by Chapter 131 , 2025 General Session