72-7-103. Limitation on access authority.
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/ut/title-72/chapter-7/72-7-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/8/2018
72-7-103. Limitation on access authority.
(1)As used in this section:
(a)"Highway facility" means:
(i)SR-7 as described in Section 72-4-106 ;
(ii)SR-67 as described in Section 72-4-112 ;
(iii)SR-85 as described in Section 72-4-114 ;
(iv)SR-154 as described in Section 72-4-121 ; or
(v)SR-201 as described in Section 72-4-126 .
(b)"Legal point of access" means an access established in accordance with applicable law:
(i)before July 1, 2003;
(ii)by permit issued by the highway authority; or
(iii)by a deed or court order.
(2)A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where:
(a)the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or
(b)no right of ingress or egress exists between the right-of-way and the adjoining property.
(3)For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless:
(a)the property has reasonably equivalent access to the public highway after the legal access is closed; or
(b)the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.
Amended by Chapter 72 , 2018 General Session