Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 67 Second Substitute (2024GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to public use of a private road to establish the road as a public thoroughfare, including:
• a requirement of 10 years of continuous use in the most recent 30-year period to establish and maintain a public thoroughfare; and
• clarification that a road returns to private ownership if continuous use ceases;
• clarifies that eminent domain powers are not impacted by the changes in this bill; and
• makes technical changes.

Every vote on this bill

Bill text

PUBLIC THOROUGHFARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
 Bridger Bolinder
LONG TITLE
General Description:
This bill amends provisions related to the establishment and invalidation of a public
thoroughfare.
Highlighted Provisions:
This bill:
▸ amends provisions related to public use of a private road to establish the road as a
public thoroughfare, including:
• a requirement of 10 years of continuous use in the most recent 30-year period to
establish and maintain a public thoroughfare; and
• clarification that a road returns to private ownership if continuous use ceases;
▸ clarifies that eminent domain powers are not impacted by the changes in this bill;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-5-104
, as last amended by Laws of Utah 2020, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-5-104
 is amended to read:
72-5-104.
Public use constituting dedication -- Scope.
(1) As used in this section, "highway," "street," or "road" does not include an area
principally used as a parking lot.
(2) [
A
] 
Subject to Subsection (4)(b), a
 highway is dedicated and abandoned to the use
of the public when it has been continuously used as a public thoroughfare for a period of 10
years.
(3) The requirement of continuous use under Subsection (2) is satisfied if the use is as
frequent as the public finds convenient or necessary and may be seasonal or follow some other
pattern.
(4) 
(a)
 Continuous use as a public thoroughfare under Subsection (2) is interrupted
when:
[
(a)
] 
(i)
 the person or entity interrupting the continuous use gives not less than 72 hours
advance written notice of the interruption to the highway authority having jurisdiction of the
highway, street, or road;
[
(b)
] 
(ii)
 the property owner undertakes an overt act which is intended to interrupt the
use of the highway, street, or road as a public thoroughfare; and
[
(c)
] 
(iii)
 the overt act described in Subsection [
(4)(b)
] 
(4)(a)(ii)
 is reasonably
calculated to interrupt the regularly established pattern and frequency of public use for the
given highway, street, or road for a period of no less than 24 hours.
(b) If a highway across private land has not been continuously used by the public for 10
years during the most recent 30-year period, the highway is not a public thoroughfare.
(5) Installation of gates and posting of no trespassing signs are relevant forms of
evidence but are not solely determinative of whether an interruption under Subsection (4) has
occurred.
(6) A property owner's interruption under Subsection (4) of a highway, street, or road
where the requirement of continuous use under Subsection (2) is not satisfied restarts the
running of the 10-year period of continuous use required for dedication under Subsection (2).
(7) (a) The burden of proving dedication under Subsection (2) is on the party asserting
the dedication.
(b) The burden of proving interruption under Subsection (4) is on the party asserting
the interruption.
(8) (a) The dedication and abandonment creates a right-of-way held by the state or a
local highway authority in accordance with Sections 
72-3-102
, 
72-3-103
, 
72-3-104
, 
72-3-105
,
and 
72-5-103
.
(b) [
A
] 
Except as provided in Subsection (8)(c), a
 property owner's interruption under
Subsection (4)
(a)
 of a right-of-way claimed by the state or local highway authority in
accordance with Subsection (8)(a) or R.S. 2477 has no effect on the validity of the state's or
local highway authority's claim to the right-of-way and does not return the right-of-way to the
property owner.
(c) The lack of public use as described in Subsection (4)(b) invalidates the state's or
local highway authority's claim to the right-of-way and returns the right-of-way to the property
owner.
(9) The scope of a right-of-way described in Subsection (8)(a) is that which is
reasonable and necessary to ensure safe travel according to the facts and circumstances.
(10) The provisions of this section apply to any claim under this section for which a
court of competent jurisdiction has not issued a final unappealable judgment or order.
(11) This section does not impact powers of eminent domain.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.