Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 229 (2025GS)

Sponsor

Rep. Christofferson, Kay J.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to corridor preservation to include fixed guideway public transit facilities for corridor preservation; and
• makes technical changes.

Every vote on this bill

Bill text

13
72-1-102
72-1-203
72-2-117
72-2-117.5
72-5-103
72-5-401
Transportation Funds Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: Wayne A. Harper
LONG TITLE
General Description:
This bill amends provisions related to corridor preservation to include fixed guideway 
public transit facilities for corridor preservation.
Highlighted Provisions:
This bill:
defines terms;
amends provisions related to corridor preservation to include fixed guideway public 
transit facilities for corridor preservation; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-1-102
, as last amended by Laws of Utah 2023, Chapter 22
72-1-203
, as last amended by Laws of Utah 2024, Chapter 517
72-2-117
, as last amended by Laws of Utah 2023, Chapter 39
72-2-117.5
, as last amended by Laws of Utah 2019, Chapter 479
72-5-103
, as last amended by Laws of Utah 2001, Chapter 79
72-5-401
, as last amended by Laws of Utah 2018, Chapter 424
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
72-1-102
 is amended to read:
72-1-102. Definitions.
As used in this title:
(1)
"Circulator alley" means a publicly owned passageway:
(a)
with a right-of-way width of 20 feet or greater;
(b)
located within a master planned community;
(c)
established by the city having jurisdictional authority as part of the street network for 
traffic circulation that may also be used for:
(i)
garbage collection;
(ii)
access to residential garages; or
(iii)
access rear entrances to a commercial establishment; and
(d)
constructed with a bituminous or concrete pavement surface.
(2)
"Commission" means the Transportation Commission created under Section 
72-1-301
.
(3)
"Construction" means the construction, reconstruction, replacement, and improvement 
of the highways, including the acquisition of rights-of-way and material sites.
(4)
"Department" means the Department of Transportation created in Section 
72-1-201
.
(5)
"Executive director" means the executive director of the department appointed under 
Section 
72-1-202
.
(6)
"Farm tractor" has the meaning set forth in Section 
41-1a-102
.
(7)
"Federal aid primary highway" means that portion of connected main highways located 
within this state officially designated by the department and approved by the United 
States Secretary of Transportation under 
Title 23
, Highways, U.S.C.
(8)
"Fixed guideway" means the same as that term is defined in Section 
59-12-102
.
(9)
(a)
"Fixed guideway capital development" means a project to construct or reconstruct 
a public transit fixed guideway facility that will add capacity to a fixed guideway 
public transit facility.
(b)
"Fixed guideway capital development" includes:
(i)
a project to strategically double track commuter rail lines; and
(ii)
a project to develop and construct public transit facilities and related 
infrastructure pertaining to the Point of the Mountain State Land Authority created 
in Section 
11-59-201
.
(10)
"Greenfield" means the same as that term is defined in Section 
17C-1-102
.
(11)
"Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, 
culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned 
to the public, or made public in an action for the partition of real property, including the 
entire area within the right-of-way.
(12)
"Highway authority" means the department or the legislative, executive, or governing 
body of a county or municipality.
(13)
"Housing and transit reinvestment zone" means the same as that term is defined in 
Section 
63N-3-602
.
(14)
"Implement of husbandry" has the meaning set forth in Section 
41-1a-102
.
(15)
"Interstate system" means any highway officially designated by the department and 
included as part of the national interstate and defense highways, as provided in the 
Federal Aid Highway Act of 1956 and any supplemental acts or amendments.
(16)
"Large public transit district" means the same as that term is defined in Section 
17B-2a-802
.
(17)
"Limited-access facility" means a highway especially designated for through traffic, 
and over, from, or to which neither owners nor occupants of abutting lands nor other 
persons have any right or easement, or have only a limited right or easement of access, 
light, air, or view.
(18)
"Master planned community" means a land use development:
(a)
designated by the city as a master planned community; and
(b)
comprised of a single development agreement for a development larger than 500 
acres.
(19)
"Motor vehicle" has the same meaning set forth in Section 
41-1a-102
.
(20)
"Municipality" has the same meaning set forth in Section 
10-1-104
.
(21)
"National highway systems highways" means that portion of connected main highways 
located within this state officially designated by the department and approved by the 
United States Secretary of Transportation under 
Title 23
, Highways, U.S.C.
(22)
(a)
"Port-of-entry" means a fixed or temporary facility constructed, operated, and 
maintained by the department where drivers, vehicles, and vehicle loads are checked 
or inspected for compliance with state and federal laws as specified in Section 
72-9-501
.
(b)
"Port-of-entry" includes inspection and checking stations and weigh stations.
(23)
"Port-of-entry agent" means a person employed at a port-of-entry to perform the duties 
specified in Section 
72-9-501
.
(24)
"Public transit" means the same as that term is defined in Section 
17B-2a-802
.
(25)
"Public transit facility" means a fixed guideway, transit vehicle, transit station, depot, 
passenger loading or unloading zone, parking lot, or other facility:
(a)
leased by or operated by or on behalf of a public transit district; and
(b)
related to the public transit services provided by the district, including:
(i)
railway or other right-of-way;
(ii)
railway line; and
(iii)
a reasonable area immediately adjacent to a designated stop on a route traveled 
by a transit vehicle.
(26)
"Right-of-way" means real property or an interest in real property, usually in a strip, 
acquired for or devoted to state transportation purposes.
(27)
"Sealed" does not preclude acceptance of electronically sealed and submitted bids or 
proposals in addition to bids or proposals manually sealed and submitted.
(28)
"Semitrailer" has the meaning set forth in Section 
41-1a-102
.
(29)
"SR" means state route and has the same meaning as state highway as defined in this 
section.
(30)
"State highway" means those highways designated as state highways in 
Title 72, 
Chapter 4, Designation of State Highways Act
.
(31)
"State transportation purposes" has the meaning set forth in Section 
72-5-102
.
(32)
"State transportation systems" means all streets, alleys, roads, highways, pathways, and 
thoroughfares of any kind, including connected structures, airports, aerial corridor 
infrastructure, spaceports, public transit facilities, and all other modes and forms of 
conveyance used by the public.
(33)
"Trailer" has the meaning set forth in Section 
41-1a-102
.
(34)
(a)
"Transportation corridor" means the path or proposed path of a transportation 
facility that exists or that may exist in the future.
(b)
"Transportation corridor" may include:
(i)
the land occupied or that may be occupied by a transportation facility; and
(ii)
any other land that may be needed for expanding, operating, or controlling access 
to the transportation facility.
(35)
"Transportation facility" means:
(a)
a highway; or
(b)
a fixed guideway.
(34)
(36)
"Transportation reinvestment zone" means a transportation reinvestment zone 
created pursuant to Section 
11-13-227
.
(35)
(37)
"Truck tractor" has the meaning set forth in Section 
41-1a-102
.
(36)
(38)
"UDOT" means the Utah Department of Transportation.
(37)
(39)
"Vehicle" has the same meaning set forth in Section 
41-1a-102
.
Section 2, Section 
72-1-203
 is amended to read:
72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants 
and advisers -- Salaries.
(1)
The executive director shall appoint the following deputy directors, who shall serve at 
the discretion of the executive director:
(a)
the deputy director of engineering and operation, who shall be a registered 
professional engineer in the state, and who shall be the chief engineer of the 
department; and
(b)
the deputy director of planning and investment.
(2)
As assigned by the executive director, the deputy directors described in Subsection (1) 
may assist the executive director with the following departmental responsibilities:
(a)
project development, including statewide standards for project design and 
construction, right-of-way, materials, testing, structures, and construction;
(b)
oversight of the management of the region offices described in Section 
72-1-205
;
(c)
operations and traffic management;
(d)
oversight of operations of motor carriers and ports;
(e)
transportation systems safety;
(f)
aeronautical operations;
(g)
equipment for department engineering and maintenance functions;
(h)
oversight and coordination of planning, including:
(i)
development of statewide strategic initiatives for planning across all modes of 
transportation;
(ii)
coordination with metropolitan planning organizations and local governments;
(iii)
coordination with a large public transit district, including planning, project 
development, outreach, programming, environmental studies and impact 
statements, construction, and impacts on public transit operations; and
(iv)
transportation 
corridor and area planning;
(i)
asset management;
(j)
programming and prioritization of transportation projects;
(k)
fulfilling requirements for environmental studies and impact statements;
(l)
resource investment, including identification, development, and oversight of 
public-private partnership opportunities;
(m)
data analytics services to the department;
(n)
transportation 
corridor preservation;
(o)
employee development;
(p)
maintenance planning;
(q)
oversight and facilitation of the negotiations and integration of public transit 
providers described in Section 
17B-2a-827
;
(r)
oversight and supervision of any fixed guideway capital development project within 
the boundaries of a large public transit district for which any state funds are 
expended, including those responsibilities described in Subsections (2)(a), (h), (j), 
(k), and (l), and the implementation and enforcement of any federal grant obligations 
associated with fixed guideway capital development project funding; and
(s)
other departmental responsibilities as determined by the executive director.
(3)
The executive director shall ensure that the same deputy director does not oversee or 
supervise both the fixed guideway capital development responsibilities described in 
Subsection (2)(r) and the department's fixed guideway rail safety responsibilities, 
including the responsibilities described in Section 
72-1-214
.
Section 3, Section 
72-2-117
 is amended to read:
72-2-117. Marda Dillree Corridor Preservation Fund -- Distribution -- 
Repayment -- Rulemaking.
(1)
There is created the Marda Dillree Corridor Preservation Fund within the Transportation 
Fund.
(2)
The fund shall be funded from the following sources:
(a)
motor vehicle rental tax imposed under Section 
59-12-1201
;
(b)
appropriations made to the fund by the Legislature;
(c)
contributions from other public and private sources for deposit into the fund;
(d)
interest earnings on cash balances;
(e)
all money collected for repayments and interest on fund money;
(f)
all money collected from rents and sales of real property acquired with fund money; 
and
(g)
proceeds from general obligation bonds, revenue bonds, or other obligations as 
authorized by 
Title 63B, Bonds
.
(3)
(a)
The commission shall authorize the expenditure of fund money to allow the 
department to acquire real property or any interests in real property for state, county, 
and municipal transportation corridors subject to:
(i)
money available in the fund;
(ii)
rules made under Subsection 
(6)
; and
(iii)
Subsection 
(8)
.
(b)
Fund money may be used to pay interest on debts incurred in accordance with this 
section.
(4)
Administrative costs for transportation corridor preservation shall be paid from the fund.
(5)
(a)
The department:
(i)
may apply to the commission under this section for money from the Marda Dillree 
Corridor Preservation Fund for a specified transportation corridor project, 
including for county and municipal projects; and
(ii)
shall repay the fund money authorized for the project to the fund as required 
under Subsection 
(6)
.
(b)
The department may request and the commission may approve the expenditure of 
money from the fund to pay the costs of staff and overhead costs to administer the 
fund.
(6)
The commission shall:
(a)
administer the Marda Dillree Corridor Preservation Fund to:
(i)
preserve transportation corridors;
(ii)
promote long-term statewide transportation planning;
(iii)
save on acquisition costs; and
(iv)
promote the best interests of the state in a manner which minimizes impact on 
prime agricultural land;
(b)
prioritize fund money based on considerations, including:
(i)
areas with rapidly expanding population;
(ii)
the willingness of local governments to complete studies and impact statements 
that meet department standards;
(iii)
the preservation of 
transportation 
corridors by the use of local planning and 
zoning processes;
(iv)
the availability of other public and private matching funds for a project; and
(v)
the cost-effectiveness of the preservation projects;
(c)
designate high priority 
transportation 
corridor preservation projects in cooperation 
with a metropolitan planning organization;
(d)
administer the program for the purposes provided in this section;
(e)
prioritize fund money in accordance with this section; and
(f)
make rules in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, establishing:
(i)
the procedures for the awarding of fund money;
(ii)
the procedures for the department to apply for transportation corridor preservation 
money for projects; and
(iii)
repayment conditions of the money to the fund from the specified project funds.
(7)
(a)
The proceeds from any bonds or other obligations secured by revenues of the 
Marda Dillree Corridor Preservation Fund shall be used for:
(i)
the acquisition of real property in hardship cases; and
(ii)
any of the purposes authorized for funds in the Marda Dillree Corridor 
Preservation Fund under this section.
(b)
The commission shall pledge the necessary part of the revenues of the Marda Dillree 
Corridor Preservation Fund to the payment of principal of and interest on the bonds 
or other obligations.
(8)
(a)
The
Except for the acquisition of a transportation corridor for a fixed guideway, 
the
 department may not apply for money under this section unless the highway 
authority has an access management policy or ordinance in effect that meets the 
requirements under Subsection 
(8)(b)
.
(b)
The access management policy or ordinance shall:
(i)
be for the purpose of balancing the need for reasonable access to land uses with 
the need to preserve the smooth flow of traffic on the highway system in terms of 
safety, capacity, and speed; and
(ii)
include provisions:
(A)
limiting the number of conflict points at driveway locations;
(B)
separating conflict areas;
(C)
reducing the interference of through traffic;
(D)
spacing at-grade signalized intersections; and
(E)
providing for adequate on-site circulation and storage.
(c)
The department shall develop a model access management policy or ordinance that 
meets the requirements of this Subsection 
(8)
 for the benefit of a county or 
municipality under this section.
(9)
(a)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission shall make rules establishing a 
transportation 
corridor preservation 
advisory council.
(b)
The 
transportation 
corridor preservation advisory council shall:
(i)
assist with and help coordinate the 
transportation 
corridor preservation efforts of 
the department and local governments;
(ii)
provide recommendations and priorities concerning 
transportation 
corridor 
preservation and the use of fund money to the department and to the commission; 
and
(iii)
include members designated by each metropolitan planning organization in the 
state to represent local governments that are involved with
 transportation
 corridor 
preservation through official maps and planning.
Section 4, Section 
72-2-117.5
 is amended to read:
72-2-117.5. Definitions -- Local Highway and Transportation Corridor 
Preservation Fund -- Disposition of fund money.
(1)
As used in this section:
(a)
"Council of governments" means a decision-making body in each county composed 
of membership including the county governing body and the mayors of each 
municipality in the county.
(b)
"Metropolitan planning organization" has the same meaning as defined in Section 
72-1-208.5
.
(2)
There is created the Local Highway and Transportation Corridor Preservation Fund 
within the Transportation Fund.
(3)
The fund shall be funded from the following sources:
(a)
a local option highway construction and transportation corridor preservation fee 
imposed under Section 
41-1a-1222
;
(b)
appropriations made to the fund by the Legislature;
(c)
contributions from other public and private sources for deposit into the fund;
(d)
all money collected from rents and sales of real property acquired with fund money;
(e)
proceeds from general obligation bonds, revenue bonds, or other obligations issued 
as authorized by 
Title 63B, Bonds
; and
(f)
sales and use tax revenues deposited into the fund in accordance with 
Title 59, 
Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act
.
(4)
(a)
The fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(c)
The State Tax Commission shall allocate the revenues:
(i)
provided under Subsection 
(3)(a)
 to each county imposing a local option highway 
construction and transportation corridor preservation fee under Section 
41-1a-1222
;
(ii)
provided under Subsection 
59-12-2217(2)
 to each county imposing a county 
option sales and use tax for transportation; and
(iii)
provided under Subsection 
(3)(f)
 to each county of the second class or city or 
town within a county of the second class that imposes the sales and use tax 
authorized by Section 
59-12-2218
.
(d)
The department shall distribute the funds allocated to each county, city, or town 
under Subsection 
(4)(c)
 to each county, city, or town.
(e)
The money allocated and distributed under this Subsection 
(4)
:
(i)
shall be used for the purposes provided in this section for each county, city, or 
town;
(ii)
is allocated to each county, city, or town as provided in this section with the 
condition that the state will not be charged for any asset purchased with the money 
allocated and distributed under this Subsection 
(4)
, unless there is a written 
agreement in place with the department prior to the purchase of the asset 
stipulating a reimbursement by the state to the county, city, or town of no more 
than the original purchase price paid by the county, city, or town; and
(iii)
is considered a local matching contribution for the purposes described under 
Section 
72-2-123
 if used on a state highway.
(f)
Administrative costs of the department to implement this section shall be paid from 
the fund.
(5)
(a)
A highway authority may acquire real property or any interests in real property for 
state, county, and municipal 
highway or public transit
transportation
 corridors 
subject to:
(i)
money available in the fund to each county under Subsection 
(4)
; and
(ii)
the provisions of this section.
(b)
Fund money may be used to pay interest on debts incurred in accordance with this 
section.
(c)
(i)
(A)
Fund money may be used to pay maintenance costs of properties 
acquired under this section but limited to a total of 5% of the purchase price of 
the property.
(B)
Any additional maintenance cost shall be paid from funds other than under 
this section.
(C)
Revenue generated by any property acquired under this section is excluded 
from the limitations under this Subsection 
(5)(c)(i)
.
(ii)
Fund money may be used to pay direct costs of acquisition of properties acquired 
under this section.
(d)
Fund money allocated and distributed under Subsection 
(4)
 may be used by a county 
highway authority for countywide transportation or public transit planning if:
(i)
the county's planning focus area is outside the boundaries of a metropolitan 
planning organization;
(ii)
the transportation planning is part of the county's continuing, cooperative, and 
comprehensive process for transportation or public transit planning, 
transportation 
corridor preservation, right-of-way acquisition, and project programming;
(iii)
no more than four years allocation every 20 years to each county is used for 
transportation planning under this Subsection 
(5)(d)
; and
(iv)
the county otherwise qualifies to use the fund money as provided under this 
section.
(e)
(i)
Subject to Subsection 
(11)
, fund money allocated and distributed under 
Subsection 
(4)
 may be used by a county highway authority for transportation 
or 
public transit 
corridor planning that is part of the 
transportation 
corridor elements 
of an ongoing work program of transportation or public transit projects.
(ii)
The transportation corridor planning under Subsection 
(5)(e)(i)
 shall be under the 
direction of:
(A)
the metropolitan planning organization if the county is within the boundaries 
of a metropolitan planning organization; or
(B)
the department if the county is not within the boundaries of a metropolitan 
planning organization.
(f)
(i)
A county, city, or town that imposes a local option highway construction and 
transportation corridor preservation fee under Section 
41-1a-1222
 may elect to 
administer the funds allocated and distributed to that county, city, or town under 
Subsection 
(4)
 as a revolving loan fund.
(ii)
If a county, city, or town elects to administer the funds allocated and distributed 
to that county, city, or town under Subsection 
(4)
 as a revolving loan fund, a local 
highway authority shall repay the fund money authorized for the project to the 
fund.
(iii)
A county, city, or town that elects to administer the funds allocated and 
distributed to that county, city, or town under Subsection 
(4)
 as a revolving loan 
fund shall establish repayment conditions of the money to the fund from the 
specified project funds.
(g)
(i)
Subject to the restrictions in Subsections 
(5)(g)(ii)
 and 
(iii)
, fund money may be 
used by a county of the third, fourth, fifth, or sixth class or by a city or town 
within a county of the third, fourth, fifth, or sixth class for:
(A)
the construction, operation, or maintenance of a class B road or class C road; 
or
(B)
the restoration or repair of survey monuments associated with transportation 
infrastructure.
(ii)
A county, city, or town may not use more than 50% of the current balance of fund 
money allocated to the county, city, or town for the purposes described in 
Subsection 
(5)(g)(i)
.
(iii)
A county, city, or town may not use more than 50% of the fund revenue 
collections allocated to a county, city, or town in the current fiscal year for the 
purposes described in Subsection 
(5)(g)(i)
.
(6)
(a)
(i)
The Local Highway and Transportation Corridor Preservation Fund shall be 
used to preserve 
highway and public transit
transportation
 corridors, promote 
long-term statewide transportation planning, save on acquisition costs, and 
promote the best interests of the state in a manner which minimizes impact on 
prime agricultural land.
(ii)
The Local Highway and Transportation Corridor Preservation Fund shall only be 
used to preserve a 
highway or public transit
transportation
 corridor that is 
right-of-way:
(A)
in a county of the first or second class for:
(I)
a state highway;
(II)
a principal arterial highway as defined in Section 
72-4-102.5
;
(III)
a minor arterial highway as defined in Section 
72-4-102.5
;
(IV)
a collector highway in an urban area as defined in Section 
72-4-102.5
; or
(V)
a transit facility as defined in Section 
17B-2a-802
; or
(B)
in a county of the third, fourth, fifth, or sixth class for:
(I)
a state highway;
(II)
a principal arterial highway as defined in Section 
72-4-102.5
;
(III)
a minor arterial highway as defined in Section 
72-4-102.5
;
(IV)
a major collector highway as defined in Section 
72-4-102.5
;
(V)
a minor collector road as defined in Section 
72-4-102.5
; or
(VI)
a transit facility as defined in Section 
17B-2a-802
.
(iii)
The Local Highway and Transportation Corridor Preservation Fund may not be 
used for a 
highway
transportation
 corridor that is primarily a recreational trail as 
defined under Section 
79-5-102
.
(b)
A highway authority shall authorize the expenditure of fund money after determining 
that the expenditure is being made in accordance with this section from applications 
that are:
(i)
endorsed by the council of governments; and
(ii)
for a right-of-way purchase for a 
highway or public transit
transportation
corridor authorized under Subsection 
(6)(a)(ii)
.
(7)
(a)
(i)
A council of governments shall establish a council of governments 
endorsement process which includes prioritization and application procedures for 
use of the money allocated to each county under this section.
(ii)
The endorsement process under Subsection 
(7)(a)(i)
 may include review or 
endorsement of the preservation project by:
(A)
the metropolitan planning organization if the county is within the boundaries 
of a metropolitan planning organization; or
(B)
the department if the county is not within the boundaries of a metropolitan 
planning organization.
(b)
All fund money shall be prioritized by each highway authority and council of 
governments based on considerations, including:
(i)
areas with rapidly expanding population;
(ii)
the willingness of local governments to complete studies and impact statements 
that meet department standards;
(iii)
the preservation of 
transportation 
corridors by the use of local planning and 
zoning processes;
(iv)
the availability of other public and private matching funds for a project;
(v)
the cost-effectiveness of the preservation projects;
(vi)
long and short-term maintenance costs for property acquired; and
(vii)
whether the transportation 
or public transit 
corridor is included as part of:
(A)
the county and municipal master plan; and
(B)
(I)
the statewide long range plan; or
(II)
the regional transportation plan of the area metropolitan planning 
organization if one exists for the area.
(c)
The council of governments shall:
(i)
establish a priority list of 
highway and public transit
transportation
 corridor 
preservation projects within the county;
(ii)
submit the list described in Subsection 
(7)(c)(i)
 to the county's legislative body 
for approval; and
(iii)
obtain approval of the list described in Subsection 
(7)(c)(i)
 from a majority of the 
members of the county legislative body.
(d)
A county's council of governments may only submit one priority list described in 
Subsection 
(7)(c)(i)
 per calendar year.
(e)
A county legislative body may only consider and approve one priority list described 
in Subsection 
(7)(c)(i)
 per calendar year.
(8)
(a)
Unless otherwise provided by written agreement with another highway authority 
or public transit district, the highway authority that holds the deed to the property is 
responsible for maintenance of the property.
(b)
The transfer of ownership for property acquired under this section from one highway 
authority to another shall include a recorded deed for the property and a written 
agreement between the highway authorities or public transit district.
(9)
(a)
The proceeds from any bonds or other obligations secured by revenues of the 
Local Highway and Transportation Corridor Preservation Fund shall be used for the 
purposes authorized for funds under this section.
(b)
The highway authority shall pledge the necessary part of the revenues of the Local 
Highway and Transportation Corridor Preservation Fund to the payment of principal 
and interest on the bonds or other obligations.
(10)
(a)
A highway authority may not expend money under this section to purchase a 
right-of-way for a state highway unless the highway authority has:
(i)
a transportation corridor property acquisition policy or ordinance in effect that 
meets department requirements for the acquisition of real property or any interests 
in real property under this section; and
(ii)
an access management policy or ordinance in effect that meets the requirements 
under Subsection 
72-2-117(8)
.
(b)
The provisions of Subsection 
(10)(a)(i)
 do not apply if the highway authority has a 
written agreement with the department for the department to acquire real property or 
any interests in real property on behalf of the local highway authority under this 
section.
(11)
The county shall ensure, to the extent possible, that the fund money allocated and 
distributed to a city or town in accordance with Subsection 
(4)
 is expended:
(a)
to fund a project or service as allowed by this section within the city or town to 
which the fund money is allocated;
(b)
to pay debt service, principal, or interest on a bond or other obligation as allowed by 
this section if that bond or other obligation is:
(i)
secured by money allocated to the city or town; and
(ii)
issued to finance a project or service as allowed by this section within the city or 
town to which the fund money is allocated;
(c)
to fund transportation planning as allowed by this section within the city or town to 
which the fund money is allocated; or
(d)
for another purpose allowed by this section within the city or town to which the fund 
money is allocated.
(12)
Notwithstanding any other provision in this section, any amounts within the fund 
allocated to a public transit district or for a public transit corridor may only be derived 
from the portion of the fund that does not include constitutionally restricted sources 
related to the operation of a motor vehicle on a public highway or proceeds from an 
excise tax on liquid motor fuel to propel a motor vehicle.
Section 5, Section 
72-5-103
 is amended to read:
72-5-103. Acquisition of rights-of-way and other real property -- Title to 
property acquired.
(1)
The department may acquire any real property or interests in real property necessary for 
temporary, present, or reasonable future state transportation purposes by gift, agreement, 
exchange, purchase, condemnation, or otherwise.
(2)
(a)
(i)
Title to real property acquired by the department or the counties, cities, and 
towns by gift, agreement, exchange, purchase, condemnation, or otherwise for 
highway rights-of-way or other transportation purposes may be in fee simple or 
any lesser estate or interest.
(ii)
Title
As determined by the department, title
 to real property acquired by the 
department for a public transit project 
shall
may
 be transferred to the public 
transit district responsible for the project.
(iii)
A public transit district shall cover all costs associated with any condemnation on 
its behalf.
(b)
If the highway is a county road, city street under joint title as provided in Subsection 
72-3-104(3)
, or right-of-way described in 
Title 72, Chapter 5, Part 3, Rights-Of-Way 
Across Federal Lands Act
, title to all interests in real property less than fee simple 
held under this section is held jointly by the state and the county, city, or town 
holding the interest.
(3)
A transfer of land bounded by a highway on a right-of-way for which the public has 
only an easement passes the title of the person whose estate is transferred to the middle 
of the highway.
Section 6, Section 
72-5-401
 is amended to read:
72-5-401. Definitions.
As used in this part:
(1)
"Corridor" means the path or proposed path of a transportation facility, including a 
public transit facility, that exists or that may exist in the future, and may include the land 
occupied or to be occupied by a transportation facility, and any other land that may be 
needed for expanding a transportation facility or for controlling access to it.
(2)
(1)
"Corridor preservation" means planning or acquisition processes intended to:
(a)
protect or enhance the capacity of existing 
transportation 
corridors; and
(b)
protect the availability of proposed 
transportation 
corridors in advance of the need 
for and the actual commencement of the transportation facility construction.
(3)
(2)
"Development" means:
(a)
the subdividing of land;
(b)
the construction of improvements, expansions, or additions; or
(c)
any other action that will appreciably increase the value of and the future acquisition 
cost of land.
(4)
(3)
"Official map" means a map, drawn by government authorities and recorded in 
county recording offices that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for 
highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between 
designated setbacks to allow the government authorities time to purchase or 
otherwise reserve the land; and
(c)
for counties and municipalities may be adopted as an element of the general plan, 
pursuant to 
Title 17, Chapter 27a, Part 4, General Plan
, or 
Title 10, Chapter 9a, Part 
4, General Plan
.
(5)
(4)
"Taking" means an act or regulation, either by exercise of eminent domain or other 
police power, whereby 
government
a government entity
 puts private property to public 
use or restrains use of private property for public purposes, and that requires 
compensation to be paid to private property owners.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-4-25 9:18 AM