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H.B. 165
1
TRANSPORTATION CORRIDOR
2
PRESERVATION ACT
3
2000 GENERAL SESSION
4
STATE OF UTAH
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Sponsor: Marda Dillree
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AN ACT RELATING TO TRANSPORTATION; PROVIDING DEFINITIONS; PROVIDING
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TRANSPORTATION CORRIDOR PRESERVATION POWERS; AMENDING OFFICIAL MAP
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AND GENERAL PLAN PROVISIONS; AND PROVIDING RULEMAKING.
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This act affects sections of Utah Code Annotated 1953 as follows:
10
AMENDS:
11
10-9-103, as last amended by Chapter 291, Laws of Utah 1999
12
10-9-301, as last amended by Chapters 23 and 93, Laws of Utah 1992
13
10-9-306, as enacted by Chapter 23, Laws of Utah 1992
14
17-27-103, as last amended by Chapters 139 and 291, Laws of Utah 1999
15
17-27-301, as last amended by Chapter 257, Laws of Utah 1994
16
17-27-306, as enacted by Chapter 23, Laws of Utah 1992
17
72-2-117, as last amended by Chapter 286, Laws of Utah 1999
18
72-5-111, as renumbered and amended by Chapter 270, Laws of Utah 1998
19
ENACTS:
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72-5-401, Utah Code Annotated 1953
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72-5-402, Utah Code Annotated 1953
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72-5-403, Utah Code Annotated 1953
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72-5-404, Utah Code Annotated 1953
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72-5-405, Utah Code Annotated 1953
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72-5-406, Utah Code Annotated 1953
26
Be it enacted by the Legislature of the state of Utah:
27
Section 1.
Section
10-9-103
is amended to read:
28
10-9-103. Definitions -- Notice.
29
(1) As used in this chapter:
30
(a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
31
residential property if the sign is designed or intended to direct attention to a business, product, or
32
service that is not sold, offered, or existing on the property where the sign is located.
33
(b) "Chief executive officer" means:
34
(i) the mayor in municipalities operating under all forms of municipal government except
35
the council-manager form; or
36
(ii) the city manager in municipalities operating under the council-manager form of
37
municipal government.
38
(c) "Conditional use" means a land use that, because of its unique characteristics or
39
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
40
compatible in some areas or may be compatible only if certain conditions are required that mitigate
41
or eliminate the detrimental impacts.
42
(d) "Constitutional taking" has the meaning as defined in Section
63-34-13
.
43
(e) "County" means the unincorporated area of the county.
44
(f) "Elderly person" means a person who is 60 years old or older, who desires or needs to
45
live with other elderly persons in a group setting, but who is capable of living independently.
46
(g) (i) "General plan" means a document that a municipality adopts that sets forth general
47
guidelines for proposed future development of the land within the municipality, as set forth in
48
Sections
10-9-301
and
10-9-302
.
49
(ii) "General plan" includes what is also commonly referred to as a "master plan."
50
(h) "Legislative body" means the city council or city commission.
51
(i) "Lot line adjustment" in a subdivision means the relocation of the property boundary
52
line between two adjoining lots with the consent of the owners of record.
53
(j) "Municipality" means a city or town.
54
(k) "Nonconforming structure" means a structure that:
55
(i) legally existed before its current zoning designation; and
56
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
57
setback, height restrictions, or other regulations that govern the structure.
58
(l) "Nonconforming use" means a use of land that:
59
(i) legally existed before its current zoning designation;
60
(ii) has been maintained continuously since the time the zoning regulation governing the
61
land changed; and
62
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
63
that now govern the land.
64
(m) "Official map" [means a map of proposed streets that has the legal effect of prohibiting
65
development of the property until the municipality develops the proposed street] has the same
66
meaning as provided in Section
72-5-401
.
67
(n) (i) "Residential facility for elderly persons" means a single-family or multiple-family
68
dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
69
that part.
70
(ii) "Residential facility for elderly persons" does not include a health care facility as
71
defined by Section
26-21-2
.
72
(o) "Special district" means all entities established under the authority of Title 17A,
73
Special Districts, and any other governmental or quasi-governmental entity that is not a county,
74
municipality, school district, or unit of the state.
75
(p) "Street" means public rights-of-way, including highways, avenues, boulevards,
76
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
77
other ways.
78
(q) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
79
divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
80
whether immediate or future, for offer, sale, lease, or development either on the installment plan
81
or upon any and all other plans, terms, and conditions.
82
(ii) "Subdivision" includes:
83
(A) the division or development of land whether by deed, metes and bounds description,
84
devise and testacy, lease, map, plat, or other recorded instrument; and
85
(B) except as provided in Subsection (1)(q)(iii), divisions of land for all residential and
86
nonresidential uses, including land used or to be used for commercial, agricultural, and industrial
87
purposes.
88
(iii) "Subdivision" does not include:
89
(A) a bona fide division or partition of agricultural land for the purpose of joining one of
90
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither
91
the resulting combined parcel nor the parcel remaining from the division or partition violates an
92
applicable zoning ordinance;
93
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
94
boundary if:
95
(I) no new lot is created; and
96
(II) the adjustment does not result in a violation of applicable zoning ordinances; or
97
(C) a recorded document, executed by the owner of record, revising the legal description
98
of more than one contiguous parcel of property into one legal description encompassing all such
99
parcels of property.
100
(iv) The joining of a subdivided parcel of property to another parcel of property that has
101
not been subdivided does not constitute a "subdivision" under this Subsection (1)(q) as to the
102
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
103
subdivision ordinance.
104
(r) "Unincorporated" means the area outside of the incorporated boundaries of cities and
105
towns.
106
(2) (a) A municipality meets the requirements of reasonable notice required by this chapter
107
if it:
108
(i) posts notice of the hearing or meeting in at least three public places within the
109
jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
110
in the jurisdiction, if one is available; or
111
(ii) gives actual notice of the hearing or meeting.
112
(b) A municipal legislative body may enact an ordinance establishing stricter notice
113
requirements than those required by this subsection.
114
(c) (i) Proof that one of the two forms of notice authorized by this subsection was given
115
is prima facie evidence that notice was properly given.
116
(ii) If notice given under authority of this section is not challenged as provided in Section
117
10-9-1001
within 30 days from the date of the meeting for which the notice was given, the notice
118
is considered adequate and proper.
119
Section 2.
Section
10-9-301
is amended to read:
120
10-9-301. General plan.
121
(1) In order to accomplish the purposes set forth in this chapter, each municipality shall
122
prepare and adopt a comprehensive, long-range general plan for:
123
(a) present and future needs of the municipality; and
124
(b) growth and development of the land within the municipality or any part of the
125
municipality.
126
(2) The plan may provide for:
127
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
128
activities, aesthetics, and recreational, educational, and cultural opportunities;
129
(b) the reduction of the waste of physical, financial, or human resources that result from
130
either excessive congestion or excessive scattering of population;
131
(c) the efficient and economical use, conservation, and production of the supply of:
132
(i) food and water; and
133
(ii) drainage, sanitary, and other facilities and resources;
134
(d) the use of energy conservation and solar and renewable energy resources;
135
(e) the protection of urban development; [and]
136
(f) the protection and promotion of air quality[.]; and
137
(g) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation Corridor
138
Preservation.
139
(3) The municipality may determine the comprehensiveness, extent, and format of the
140
general plan.
141
Section 3.
Section
10-9-306
is amended to read:
142
10-9-306. Effect of official maps.
143
(1) Municipalities may [not] adopt an official map [under this chapter] in accordance with
144
the provisions of Title 72, Chapter 5, Part 4, Transportation Corridor Preservation.
145
(2) (a) An official map [adopted under the previous enabling statute] does not:
146
(i) require a landowner to dedicate and construct a street as a condition of development
147
approval, except under circumstances provided in Subsection (b)(iii); or
148
(ii) require a municipality to immediately acquire property it has designated for eventual
149
use as a public street.
150
(b) This section does not prohibit a municipality from:
151
(i) requiring a landowner to take into account the proposed streets in the planning of a
152
development proposal;
153
(ii) acquiring the property through purchase, gift, voluntary dedication, or eminent domain;
154
or
155
(iii) requiring the dedication and improvement of a street if the street is found necessary
156
by the municipality because of a proposed development.
157
(3) An official map may not be used to unconstitutionally prohibit the development of
158
property designated for eventual use as a public street.
158a
h
(4) AN ADOPTED OFFICIAL MAP SHALL BE AVAILABLE FOR PUBLIC INSPECTION UPON
158b
REQUEST.
h
159
Section 4.
Section
17-27-103
is amended to read:
160
17-27-103. Definitions -- Notice.
161
(1) As used in this chapter:
162
(a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
163
residential property if the sign is designed or intended to direct attention to a business, product, or
164
service that is not sold, offered, or existing on the property where the sign is located.
165
(b) "Chief executive officer" means the county executive, or if the county has adopted an
166
alternative form of government, the official who exercises the executive powers.
167
(c) "Conditional use" means a land use that, because of its unique characteristics or
168
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
169
compatible in some areas or may be compatible only if certain conditions are required that mitigate
170
or eliminate the detrimental impacts.
171
(d) "Constitutional taking" has the meaning as defined in Section
63-34-13
.
172
(e) "County" means the unincorporated area of the county.
173
(f) "Elderly person" means a person who is 60 years old or older, who desires or needs to
174
live with other elderly persons in a group setting, but who is capable of living independently.
175
(g) "Gas corporation" has the same meaning as defined in Section
54-2-1
.
176
(h) (i) "General plan" means a document that a county adopts that sets forth general
177
guidelines for proposed future development of the land within the county, as set forth in Sections
178
17-27-301
and
17-27-302
.
179
(ii) "General plan" includes what is also commonly referred to as a "master plan."
180
(i) "Interstate pipeline company" means a person or entity engaged in natural gas
181
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
182
Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
183
(j) "Intrastate pipeline company" means a person or entity engaged in natural gas
184
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
185
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
186
(k) "Legislative body" means the county legislative body, or for a county that has adopted
187
an alternative form of government, the body exercising legislative powers.
188
(l) "Lot line adjustment" means the relocation of the property boundary line between two
189
adjoining lots with the consent of the owners of record.
190
(m) "Municipality" means a city or town.
191
(n) "Nonconforming structure" means a structure that:
192
(i) legally existed before its current zoning designation; and
193
(ii) because of subsequent zoning changes, does not conform with the zoning regulation's
194
setback, height restrictions, or other regulations that govern the structure.
195
(o) "Nonconforming use" means a use of land that:
196
(i) legally existed before its current zoning designation;
197
(ii) has been maintained continuously since the time the zoning regulation governing the
198
land changed; and
199
(iii) because of subsequent zoning changes, does not conform with the zoning regulations
200
that now govern the land.
201
(p) "Official map" [means a map of proposed streets that has the legal effect of prohibiting
202
development of the property until the county develops the proposed street] has the same meaning
203
as provided in Section
72-5-401
.
204
(q) (i) "Residential facility for elderly persons" means a single-family or multiple-family
205
dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
206
that part.
207
(ii) "Residential facility for elderly persons" does not include a health care facility as
208
defined by Section
26-21-2
.
209
(r) "Special district" means all entities established under the authority of Title 17A, Special
210
Districts, and any other governmental or quasi-governmental entity that is not a county,
211
municipality, school district, or unit of the state.
212
(s) "Street" means public rights-of-way, including highways, avenues, boulevards,
213
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
214
other ways.
215
(t) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be divided
216
into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether
217
immediate or future, for offer, sale, lease, or development either on the installment plan or upon
218
any and all other plans, terms, and conditions.
219
(ii) "Subdivision" includes the division or development of land whether by deed, metes
220
and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
221
(iii) "Subdivision" does not include:
222
(A) a bona fide division or partition of agricultural land for agricultural purposes;
223
(B) a recorded agreement between owners of adjoining properties adjusting their mutual
224
boundary if:
225
(I) no new lot is created; and
226
(II) the adjustment does not result in a violation of applicable zoning ordinances;
227
(C) a recorded document, executed by the owner of record, revising the legal description
228
of more than one contiguous parcel of property into one legal description encompassing all such
229
parcels of property; or
230
(D) a bona fide division or partition of land in a county other than a first class county for
231
the purpose of siting, on one or more of the resulting separate parcels, an unmanned facility
232
appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or
233
intrastate pipeline company.
234
(iv) The joining of a subdivided parcel of property to another parcel of property that has
235
not been subdivided does not constitute a "subdivision" under this Subsection (1)(t) as to the
236
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
237
ordinance.
238
(u) "Unincorporated" means the area outside of the incorporated boundaries of cities and
239
towns.
240
(2) (a) A county meets the requirements of reasonable notice required by this chapter if
241
it:
242
(i) posts notice of the hearing or meeting in at least three public places within the
243
jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
244
in the jurisdiction, if one is available; or
245
(ii) gives actual notice of the hearing or meeting.
246
(b) A county legislative body may enact an ordinance establishing stricter notice
247
requirements than those required by this Subsection (2).
248
(c) (i) Proof that one of the two forms of notice authorized by this subsection was given
249
is prima facie evidence that notice was properly given.
250
(ii) If notice given under authority of this section is not challenged as provided in Section
251
17-27-1001
within 30 days from the date of the meeting for which the notice was given, the notice
252
is considered adequate and proper.
253
Section 5.
Section
17-27-301
is amended to read:
254
17-27-301. General plan.
255
(1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
256
and adopt a comprehensive general plan for:
257
(a) the present and future needs of the county; and
258
(b) the growth and development of the land within the county or any part of the county,
259
including uses of land for urbanization, trade, industry, residential, agricultural, wildlife habitat,
260
and other purposes.
261
(2) The plan may provide for:
262
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
263
activities, aesthetics, and recreational, educational, and cultural opportunities;
264
(b) the reduction of the waste of physical, financial, or human resources that result from
265
either excessive congestion or excessive scattering of population;
266
(c) the efficient and economical use, conservation, and production of the supply of:
267
(i) food and water; and
268
(ii) drainage, sanitary, and other facilities and resources;
269
(d) the use of energy conservation and solar and renewable energy resources;
270
(e) the protection of urban development; [and]
271
(f) the protection and promotion of air quality[.]; and
272
(g) an official map, pursuant to Title 72, Chapter 5, Part 4, Transportation Corridor
273
Preservation.
274
(3) The plan may define the county's local customs, local culture, and the components
275
necessary for the county's economic stability.
276
(4) The county may determine the comprehensiveness, extent, and format of the general
277
plan.
278
Section 6.
Section
17-27-306
is amended to read:
279
17-27-306. Effect of official maps.
280
(1) Counties may [not] adopt an official map [under this chapter] in accordance with the
281
provisions of Title 72, Chapter 5, Part 4, Transportation Corridor Preservation.
282
(2) (a) An official map [adopted under the previous enabling statute] does not:
283
(i) require a landowner to dedicate and construct a street as a condition of development
284
approval, except under circumstances provided in Subsection (b)(iii); or
285
(ii) require a county to immediately acquire property it has designated for eventual use as
286
a public street.
287
(b) This section does not prohibit a county from:
288
(i) requiring a landowner to take into account the proposed streets in the planning of a
289
development proposal;
290
(ii) acquiring the property through purchase, gift, voluntary dedication, or eminent domain;
291
or
292
(iii) requiring the dedication and improvement of a street if the street is found necessary
293
by the county because of a proposed development.
294
(3) An official map may not be used to unconstitutionally prohibit the development of
295
property designated for eventual use as a public street.
295a
h
(4) AN ADOPTED OFFICIAL MAP SHALL BE AVAILABLE FOR PUBLIC INSPECTION UPON
295b
REQUEST.
h
296
Section 7.
Section
72-2-117
is amended to read:
297
72-2-117. Transportation Corridor Preservation Revolving Loan Fund --
298
Distribution -- Repayment -- Rulemaking.
299
(1) There is created the Transportation Corridor Preservation Revolving Loan Fund within
300
the Transportation Fund.
301
(2) The fund shall be funded from the following sources:
302
(a) motor vehicle rental tax imposed under Section
59-12-1201
;
303
(b) appropriations made to the fund by the Legislature;
304
(c) contributions from other public and private sources for deposit into the fund;
305
(d) interest earnings on cash balances;
306
(e) all monies collected for repayments and interest on fund monies;
307
(f) all monies collected from rents and sales of real property acquired with fund monies;
308
and
309
(g) proceeds from revenue bonds or other obligations issued in accordance with Title 63,
310
Chapter 9a, State Building Ownership, and Title 63B, Bonds.
311
(3) All monies appropriated to the Transportation Corridor Preservation Revolving Loan
312
Fund are nonlapsing.
313
(4) (a) The commission shall authorize the expenditure of fund monies to allow the
314
department to acquire real property or any interests in real property for state, county, and municipal
315
transportation corridors subject to:
316
(i) monies available in the fund;
317
(ii) rules made under Subsection (7); and
318
(iii) Subsection (9).
319
(b) Fund monies may be used to pay interest on debts incurred in accordance with this
320
section.
321
(5) Administrative costs of the Transportation Corridor Preservation Revolving Loan Fund
322
shall be paid from the fund.
323
(6) The department:
324
(a) may apply to the commission under this section for monies from the Transportation
325
Corridor Preservation Revolving Loan Fund for a specified transportation corridor project,
326
including for county and municipal projects; and
327
(b) shall repay the fund monies authorized for the project to the fund as required under
328
Subsection (7).
329
(7) The commission shall:
330
(a) administer the Transportation Corridor Preservation Revolving Loan Fund to preserve
331
transportation corridors, promote long-term statewide transportation planning, save on acquisition
332
costs, and promote the best interests of the state in a manner which minimizes impact on prime
333
agricultural land;
334
(b) prioritize fund monies based on considerations, including:
335
(i) areas with rapidly expanding population;
336
(ii) the willingness of local governments to complete studies and impact statements that
337
meet department standards;
338
(iii) the preservation of corridors by the use of local planning and zoning processes; and
339
(iv) the availability of other public and private matching funds for a project; and
340
(c) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
341
Act, establishing [the]:
342
(i) the procedures for the awarding of fund monies;
343
(ii) the procedures for the department to apply for transportation corridor preservation
344
monies for projects; [and]
345
(iii) repayment conditions of the monies to the fund from the specified project funds[.];
346
and
347
(iv) an advisory council to assist with and help coordinate the corridor preservation efforts
348
of the department and local governments and to provide recommendations and priorities
349
concerning corridor preservation and the use of fund monies to the department and to the
350
commission.
351
(8) (a) The proceeds from the revenue bonds or other obligations issued on revenues of
352
the Transportation Corridor Preservation Revolving Loan Fund shall be used for:
353
(i) the acquisition of real property in hardship cases; and
354
(ii) any of the purposes authorized for funds in the Transportation Corridor Preservation
355
Revolving Loan Fund under this section.
356
(b) The commission shall pledge the necessary part of the revenues of the Transportation
357
Corridor Preservation Revolving Loan Fund to the payment of principal of and interest on the
358
revenue bonds or other obligations.
359
(9) (a) The department may not apply for monies under this section for a highway authority
360
that does not have an access management policy or ordinance in effect that meets the requirements
361
under Subsection (9)(b).
362
(b) The access management policy or ordinance shall:
363
(i) be for the purpose of balancing the need for reasonable access to land uses with the
364
need to preserve the smooth flow of traffic on the highway system in terms of safety, capacity, and
365
speed; and
366
(ii) include provisions:
367
(A) limiting the number of conflict points at driveway locations;
368
(B) separating conflict areas;
369
(C) reducing the interference of through traffic;
370
(D) spacing at-grade signalized intersections; and
371
(E) providing for adequate on-site circulation and storage.
372
(c) The department shall develop a model access management policy or ordinance that
373
meets the requirements of this Subsection (9) for the benefit of a county or municipality under this
374
section.
375
Section 8.
Section
72-5-111
is amended to read:
376
72-5-111. Disposal of real property.
377
(1) (a) If the department determines that any real property or interest in real property,
378
acquired for a highway purpose, is no longer necessary for the purpose, the department may lease,
379
sell, exchange, or otherwise dispose of the real property or interest in the real property.
380
(b) (i) Real property may be sold at private or public sale [and the].
381
(ii) The proceeds of [the] any sale shall be [turned over to] deposited with the state
382
treasurer and credited to the Transportation Fund.
383
(2) h
(a)
h In the disposition of land at any private sale, first consideration [may] shall be
383a
given
384
to the original grantor or his h [
successor-in-interest
]
HEIRS
h .
384a
h
(b) IF NO PORTION OF A PARCEL OF REAL PROPERTY ACQUIRED BY THE DEPARTMENT
384b
IS USED FOR TRANSPORTATION PURPOSES, THEN THE ORIGINAL GRANTOR OR THE GRANTOR'S
384c
HEIRS SHALL BE GIVEN THE OPPORTUNITY TO REPURCHASE THE PARCEL OF REAL PROPERTY
384d
AT THE DEPARTMENT'S ORIGINAL PURCHASE PRICE FROM THE GRANTOR.
384e
(c) SUBSECTION (b) DOES NOT APPLY IF THE DEPARTMENT PURCHASE WAS INITIALLY
384f
REQUESTED BY THE GRANTOR.
h
385
(3) (a) Any sale, exchange, or disposal of real property or interest in real property made
386
by the department [pursuant to] under this section, is exempt from the mineral reservation
387
provisions of Title 65A, Chapter 6, Mineral Leases[, and any].
388
(b) Any deed made and delivered by the department [pursuant to] under this section
389
without specific reservations in the deed is a conveyance of all the state's right, title, and interest
390
in the real property or interest in the real property.
391
Section 9.
Section
72-5-401
is enacted to read:
392
Part 4. Transportation Corridor Preservation
393
72-5-401. Definitions.
394
As used in this part:
395
(1) "Corridor" means the path or proposed path of a transportation facility that exists or
396
that may exist in the future. A corridor may include the land occupied or to be occupied by a
397
transportation facility, and any other land that may be needed for expanding a transportation
398
facility or for controlling access to it.
399
(2) "Corridor preservation" means planning or acquisition processes intended to:
400
(a) protect or enhance the capacity of existing corridors; and
401
(b) protect the availability of proposed corridors in advance of the need for and the actual
402
commencement of the transportation facility construction.
403
(3) "Development" means:
404
(a) the subdividing of land;
405
(b) the construction of improvements, expansions, or additions; or
406
(c) any other action that will appreciably increase the value of and the future acquisition
407
cost of land.
408
(4) "Official map" means a map, drawn by government authorities and h [
usually
] h
408a
recorded
409
in county recording offices that:
410
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
411
highways and other transportation facilities;
412
(b) provides a basis for restricting development in designated rights-of-way or between
413
designated setbacks to allow the government authorities time to purchase or otherwise reserve the
414
land; and
415
(c) for counties and municipalities may be adopted as an element of the general plan,
416
pursuant to Title 17, Chapter 27, Part 3, General Plan, or Title 10, Chapter 9, Part 3, General Plan.
417
(5) "Taking" means an act or regulation, either by exercise of eminent domain or other
418
police power, whereby government puts private property to public use or restrains use of private
419
property for public purposes, and that requires compensation to be paid to private property owners.
420
Section 10.
Section
72-5-402
is enacted to read:
421
72-5-402. Public purpose.
422
The Legislature finds and declares that the planning and preservation of transportation
423
corridors is a public purpose, that the acquisition of public rights in private property for possible
424
use as a transportation corridor up to h [
25
]
20
h years in advance is a public purpose, and that
424a
acquisition
425
of public rights in private property for possible use as alternative transportation corridors is a
426
public purpose, even if one or more of the transportation corridors is eventually not used for a
427
public purpose, so long as reasonable evidence exists at the time of acquisition that the corridor
428
will be developed within h [
25
]
20
h years.
429
Section 11.
Section
72-5-403
is enacted to read:
430
72-5-403. Transportation corridor preservation powers.
431
(1) The department, counties, and municipalities may:
432
(a) act in cooperation with one another and other government entities to promote planning
433
for and enhance the preservation of transportation corridors and to more effectively use the monies
434
available in the Transportation Corridor Preservation Revolving Loan Fund created in Section
435
72-2-117
;
436
(b) undertake transportation corridor planning, review, and preservation processes; h
AND
h
437
(c) acquire fee simple rights and other rights of less than fee simple, including easement
438
and development rights, or the rights to limit development, including rights in alternative
439
transportation corridors, and to make these acquisitions up to h [
25
]
20
h years in advance of using
439a
those
440
rights in actual transportation facility construction h [
; and
441
(d) by rule or ordinance prescribe procedures for approving limited development in
442
transportation corridors until the time transportation facility construction begins
] h .
443
(2) In addition to the powers described under Subsection (1), counties and municipalities
444
may h
:
444a
(a)
h limit development for transportation corridor preservation by land use regulation and by
445
official maps h
; AND
445a
(b) BY ORDINANCE PRESCRIBE PROCEDURES FOR APPROVING LIMITED DEVELOPMENT
445b
IN TRANSPORTATION CORRIDORS UNTIL THE TIME TRANSPORTATION FACILITY CONSTRUCTION
445c
BEGINS
h .
446
Section 12.
Section
72-5-404
is enacted to read:
447
72-5-404. Disposition of excess property rights.
448
If the department has acquired property rights in land in proposed transportation corridors,
449
and some or all of that land is eventually not used for the proposed transportation corridors, the
450
department shall dispose of the rights in accordance with the provisions of Section
72-5-111
.
451
Section 13.
Section
72-5-405
is enacted to read:
452
72-5-405. Private owner rights.
453
(1) The department, counties, and municipalities shall observe all protections conferred
454
on private property rights, including Title 63, Chapter 90, Private Property Protection Act, Title
455
63, Chapter 90a, Constitutional Taking Issues, and compensation for takings.
456
(2) Private property owners from whom less than fee simple rights are obtained for
457
transportation corridors or transportation corridor preservation have the right to petition the
458
department, a county, or a municipality to acquire the entire fee simple interest in the affected
459
property.
459a
h
(3)(a) A PRIVATE PROPERTY OWNER WHOSE PROPERTY'S DEVELOPMENT IS LIMITED OR
459b
RESTRICTED BY A POWER GRANTED UNDER THIS PART MAY PETITION THE COUNTY OR
459c
MUNICIPALITY THAT ADOPTED THE OFFICIAL MAP TO ACQUIRE LESS THAN OR THE ENTIRE FEE
459d
SIMPLE INTEREST IN THE AFFECTED PROPERTY, AT THE OPTION OF THE PROPERTY OWNER.
459e
(b) IF THE COUNTY OR MUNICIPALITY PETITIONED UNDER SUBSECTION (3)(a) DOES NOT
459f
ACQUIRE THE INTEREST IN THE PROPERTY REQUESTED BY THE PROPERTY OWNER, THEN THE
459g
COUNTY OR MUNICIPALITY MAY NOT EXERCISE ANY OF THE POWERS GRANTED UNDER THIS
459h
PART TO LIMIT OR RESTRICT THE AFFECTED PROPERTY'S DEVELOPMENT.
h
460
Section 14.
Section
72-5-406
is enacted to read:
461
72-5-406. Rulemaking.
462
In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
463
department shall make rules providing for private property owner petition procedures described
464
in Section
72-5-405
.
Legislative Review Note
as of 11-17-99 4:51 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Transportation Interim Committee recommended this bill.
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