Title 72 - Transportation Code - Chapter 5 - Rights-Of-Way Act - Part 1 - Public Highways - Section 111 - Disposal of real property.


Published: 2019-05-14

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Utah Code

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Effective 5/14/2019 72-5-111 Disposal of real property. (1)

(a) If the department determines that any real property or interest in real property, acquired for a highway purpose, is no longer necessary for the purpose, the department may lease, sell, exchange, or otherwise dispose of the real property or interest in the real property.

(b) (i) Real property may be sold at private or public sale. (ii) Except as provided in Subsection (1)(c) related to exchanges and Subsection (1)(d) related

to the proceeds of any sale of real property from a maintenance facility, proceeds of any sale shall be deposited with the state treasurer and credited to the Transportation Fund.

(c) (i) Except as provided in Subsection (1)(c)(ii), if approved by the commission, real property or

an interest in real property may be exchanged by the department for other real property or interest in real property, including improvements, for highway purposes.

(ii) The department may exchange an interest in real property for another interest in real property for a project that is part of a statewide transportation improvement program approved by the commission.

(d) Proceeds from the sale of real property or an interest in real property from a maintenance facility may be used by the department for the purchase or improvement of another maintenance facility, including real property.

(2) (a) In the disposition of real property at any private sale, first consideration shall be given to the

original grantor. (b) Notwithstanding the provisions of Section 78B-6-521, if no portion of a parcel of real property

acquired by the department is used for transportation purposes, then the original grantor shall be given the opportunity to repurchase the parcel of real property at the department's original purchase price from the grantor.

(c) In accordance with Section 72-5-404, this Subsection (2) does not apply to property rights acquired in proposed transportation corridors using funds from the Marda Dillree Corridor Preservation Fund created in Section 72-2-117.

(d) (i) The right of first consideration described in Subsection (2)(a) is subject to the same terms

and may be assigned by the original grantor in the manner described in Subsection 78B-6-521(2).

(ii) The original grantor or the assignee shall notify the department of an assignment by certified mail to the current office address of the executive director of the department.

(iii) An exchange of real property as provided in Subsection (1)(c) or Section 72-5-113 does not entitle the original grantor to exercise the right of first consideration described in Subsection (2)(a).

(iv) The right of first consideration described in Subsection (2)(a) terminates upon an exchange of the acquired real property as provided in Subsection (1)(c) or Section 72-5-113.

(3) (a) Any sale, exchange, or disposal of real property or interest in real property made by the

department under this section, is exempt from the mineral reservation provisions of Title 65A, Chapter 6, Mineral Leases.

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(b) Any deed made and delivered by the department under this section without specific reservations in the deed is a conveyance of all the state's right, title, and interest in the real property or interest in the real property.

Amended by Chapter 479, 2019 General Session