Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1002 First Substitute (2017S1)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 9/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies municipal authority over roads;
• adds another circumstance in which a local highway authority may temporarily close a road;
• allows a local highway authority to:
• indefinitely close a road in certain circumstances; and
• change the nature of a road for another public use or purpose; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ROAD CLOSURE AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill specifies the process for certain closures of public roads.
Highlighted Provisions:
This bill:
▸ modifies municipal authority over roads;
▸ adds another circumstance in which a local highway authority may temporarily
close a road;
▸ allows a local highway authority to:
• indefinitely close a road in certain circumstances; and
• change the nature of a road for another public use or purpose; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-8-8
, as last amended by Laws of Utah 2005, Chapter 254
10-8-11
, Utah Code Annotated 1953
72-5-105
, as last amended by Laws of Utah 2011, Chapter 341
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-8
 is amended to read:
10-8-8.
Streets, parks, airports, parking facilities, public grounds, and pedestrian
malls.
A municipal legislative body may lay out, establish, open, alter, widen, narrow, extend,
grade, pave, or otherwise improve streets, alleys, avenues, boulevards, sidewalks, parks,
airports, parking lots, or other facilities for the parking of vehicles off streets, public grounds,
and pedestrian malls and may 
close, in accordance with Section 
72-5-105
, or
 vacate the same
or parts thereof, as provided in this title.
Section 2. Section 
10-8-11
 is amended to read:
10-8-11.
Streets -- Encroachments, lighting, sprinkling, cleaning.
They may regulate the use of streets, alleys, avenues, sidewalks, crosswalks, parks
,
 and
public grounds, 
install,
 prevent [
and
]
, or
 remove obstructions and encroachments thereon, and
provide for the lighting, sprinkling
,
 and cleaning of the same.
Section 3. Section 
72-5-105
 is amended to read:
72-5-105.
Highways, streets, or roads once established continue until abandoned
-- Temporary closure.
(1) [
All
] 
Except as provided in Subsections (3) and (7), all
 public highways, streets, or
roads once established shall continue to be highways, streets, or roads until formally abandoned
or vacated by written order, resolution, or ordinance resolution of a highway authority having
jurisdiction or by court decree, and the written order, resolution, ordinance, or court decree has
been duly recorded in the office of the recorder of the county or counties where the highway,
street, or road is located.
(2) (a) For purposes of assessment, upon the recordation of an order executed by the
proper authority with the county recorder's office, title to the vacated or abandoned highway,
street, or road shall vest to the adjoining record owners, with one-half of the width of the
highway, street, or road assessed to each of the adjoining owners.
(b) Provided, however, that should a description of an owner of record extend into the
vacated or abandoned highway, street, or road that portion of the vacated or abandoned
highway, street, or road shall vest in the record owner, with the remainder of the highway,
street, or road vested as otherwise provided in this Subsection (2).
(c) Title to a highway, street, or road that a local highway authority closes to vehicular
traffic under Subsection (3) or (7) remains vested in the city.
(3) (a) In accordance with this section, a state or local highway authority may
temporarily close a class B
, C,
 or D road, an R.S. 2477 right-of-way, or a portion of a class B
,
C,
 or D road or R.S. 2477 right-of-way.
(b) (i) A temporary closure authorized under this section is not an abandonment.
(ii) The erection of a barrier or sign on a highway, street, or road once established is
not an abandonment.
(iii) An interruption of the public's continuous use of a highway, street, or road once
established is not an abandonment even if the interruption is allowed to continue unabated.
(c) A temporary closure under Subsection (3)(a) may be authorized only under the
following circumstances:
(i) when a federal authority, or other person, provides an alternate route to an R.S.
2477 right-of-way or portion of an R.S. 2477 right-of-way [
that
] 
if the alternate route
 is:
(A) accepted by the highway authority; and
(B) formalized by[
: (I)
] a federal permit[
;
] or [
(II)
] a written agreement between the
federal authority or other person and the highway authority; [
or
]
(ii) when a state or local highway authority determines that correction or mitigation of
injury to private or public land resources is necessary on or near a class B or D road or portion
of a class B or D road[
.
]
; or
(iii) when a local highway authority makes a finding that temporary closure of all or
part of a class C road is necessary to mitigate unsafe conditions.
(d) (i) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), the local highway authority may convert the closed portion of the road to
another public use or purpose related to the mitigation of the unsafe condition.
(ii) If a local highway authority temporarily closes all or part of a class C road under
Subsection (3)(c)(iii), and the closed portion of road is the subject of a lease agreement
between the local highway authority and another entity, the local highway authority may not
reopen the closed portion of the road until the lease agreement terminates.
[
(d)
] 
(e)
 A highway authority shall reopen an R.S. 2477 right-of-way or portion of an
R.S. 2477 right-of-way temporarily closed under this section if the alternate route is closed for
any reason.
[
(e)
] 
(f)
 A temporary closure authorized under Subsection (3)(c)(ii) shall:
(i) be authorized annually; and
(ii) not exceed two years or the time it takes to complete the correction or mitigation,
whichever is less.
(4) To authorize a closure of a road under Subsection (3) or (7), a local highway
authority shall pass an ordinance to temporarily or indefinitely close the road.
[
(4)
] 
(5)
 Before authorizing a temporary 
or indefinite
 closure [
under
] 
as described in
Subsection [
(3)
] 
(4)
, a highway authority shall:
(a) hold a hearing on the proposed temporary 
or indefinite
 closure;
(b) provide notice of the hearing by[
: (i)
] mailing a notice to the Department of
Transportation and all owners of property abutting the highway; and
(c) except for a closure under Subsection (3)(c)(iii):
[
(ii) (A)
] 
(i)
 publishing the notice:
[
(I)
] 
(A)
 in a newspaper of general circulation in the county at least once a week for
four consecutive weeks before the hearing; and
[
(II)
] 
(B)
 on the Utah Public Notice Website created in Section 
63F-1-701
, for four
weeks before the hearing; or
[
(B)
] 
(ii)
 posting the notice in three public places for at least four consecutive weeks
[
prior to
] 
before
 the hearing[
; and
]
.
[
(c) pass an ordinance authorizing the temporary closure.
]
[
(5)
] 
(6)
 The right-of-way and easements, if any, of a property owner and the franchise
rights of any public utility may not be impaired by a temporary 
or indefinite
 closure authorized
under this section.
(7) (a) A local highway authority may close to vehicular travel and convert to another
public use or purpose a highway, road, or street over which the local highway authority has
jurisdiction, for an indefinite period of time, if the local highway authority makes a finding
that:
(i) the closed highway, road, or street is not necessary for vehicular travel;
(ii) the closure of the highway, road, or street is necessary to correct or mitigate injury
to private or public land resources on or near the highway, road, or street; or
(iii) the closure of the highway, road, or street is necessary to mitigate unsafe
conditions.
(b) If a local highway authority indefinitely closes all or part of a highway, road, or
street under Subsection (7)(a)(iii), and the closed portion of road is the subject of a lease
agreement between the local highway authority and another entity, the local highway authority
may not reopen the closed portion of the road until the lease agreement terminates.
(c) An indefinite closure authorized under this Subsection (7) is not an abandonment.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.