72-5-302 - Rights-of-way across federal lands -- Title -- Presumption -- Scope.
72-5-302. Rights-of-way across federal lands -- Title -- Presumption -- Scope.
(1) This part applies to all R.S. 2477 rights-of-way.
(2) The state and its political subdivisions have title to the R.S. 2477 rights-of-ways inaccordance with Sections 72-3-102, 72-3-103, 72-3-104, 72-3-105, and 72-5-103.
(3) (a) Acceptance of a right-of-way for the construction of a highway over public lands,not reserved for public uses, is presumed if the state or a political subdivision of the state makesa finding that the highway was constructed and the right-of-way was accepted prior to October21, 1976.
(b) The existence of a highway in a condition suitable for public use establishes apresumption that the highway has continued in use in its present location since the land overwhich it is built was public land not reserved for public use.
(4) (a) Unless specifically determined prior to the cut-off date provided in Section72-5-301 by the state or a political subdivision of the state with authority over the R.S. 2477right-of-way, the scope of the R.S. 2477 right-of-way is that which is reasonable and necessaryfor all highway uses as of the cut-off date determined according to the facts and circumstances,including:
(i) highway drainage facilities;
(ii) shoulders adjacent to the right-of-way; and
(iii) maintenance activities defined in Section 72-5-301 that are reasonable andnecessary.
(b) Unless specifically determined by the state or political subdivision of the state withthe authority over the R.S. 2477 right-of-way, an R.S. 2477 right-of-way is presumed to be atleast 66 feet wide if that is the usual width of highway rights-of-way in the area.
(c) The scope of the R.S. 2477 right-of-way includes the right to widen the highway asnecessary to accommodate the increased travel associated with those uses, up to, whereapplicable, improving a highway to two lanes so travelers can safely pass each other.
(5) The safety standards established by the Department of Transportation in accordancewith Section 72-6-102 apply to all determinations of safety on R.S. 2477 rights-of-way used forvehicular travel.
Amended by Chapter 293, 2003 General Session