76-8-809. Closing or restricting use of highways abutting defense or war facilities -- Posting of notices.

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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:

(a)"Highway" means a place used for travel to or from property, including a private or public street or way.

(b)"Highway commissioner" means an individual, a board, or other body having authority to restrict or close the highway to public use and travel.

(c)"Public utility" means a system owned or operated for public use, including:

(i)a pipeline system;

(ii)a system for gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, or transportation communication;

(iii)a railroad; or

(iv)an airplane.

(2)An individual, a partnership, an association, a corporation, a municipal corporation, the state, or a political subdivision of the state, may petition the highway commissioner of a city, town, or county to close or restrict travel upon a highway if the individual, partnership, association, corporation, municipal corporation, state, or political subdivision is:

(a)engaged in or preparing to engage in the manufacture, transportation, or storage of a product to be used in the preparation of the United States government or a state government for defense, for war, or in the prosecution of war by the United States government; or

(A)manufacturing, transporting, distributing, or storing gas, oil, coal, electricity, or water; or

(B)operating a public utility; and

(ii)believes the gas, oil, electricity, water, or public utility will be endangered if public use and travel is not restricted or prohibited on a highway abutting the property involved in operating the public utility or manufacturing, transporting, distributing, or storing the gas, oil, coal, electricity, or water.

(3)Upon receiving a petition described in Subsection (2), the highway commissioner shall set a day for a public hearing and give notice of the hearing at least seven days before the day on which the hearing will be held, as a class A notice under Section 63G-30-102 , for the city, town, or county.

(a)Subject to Subsection (5), after holding the hearing described in Subsection (3), the highway commissioner may, after determining that public safety and the safety of the property of the petitioner require the closure or restricted use of the highway, issue an order to:

(i)close the highway to all public use and travel; or

(ii)reasonably restrict travel on the highway for the safety of the petitioner's property.

(b)Visible notices at least three inches tall detailing the closure or restriction shall be posted at each end of a highway closed or restricted under this Subsection (4).

(5)A highway commissioner issuing an order under Subsection

(4)may issue a permit to a responsible and reputable individual to travel on a closed or restricted highway under conditions set by the highway commissioner.

Amended by Chapter 96 , 2024 General Session