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Utah Code § 72-5-303

Maintenance -- Impact on adjacent land owners

Applied in 4 court decisions — leading case Southern Utah Wilderness Alliance v. Bureau of Land Management (2005)

Most recently applied in Kane County v. Salazar (April 2009)

Renumbered and Amended by Chapter 270, 1998 General Session

How often courts cite this section

2000200910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1)

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.