60-4-304. Repealed
60-4-304. Repealed. Sec. 6, Ch. 374, L. 1989. History: En. Sec. 5, Ch. 212, L. 1969; amd. Sec. 2, Ch. 426, L. 1971; amd. Sec. 142, Ch. 316, L. 1974; R.C.M. 1947, 32-3925(c).
60-4-305. Repealed
60-4-305. Repealed. Sec. 6, Ch. 374, L. 1989. History: En. Sec. 6, Ch. 212, L. 1969; amd. Sec. 3, Ch. 426, L. 1971; amd. Sec. 143, Ch. 316, L. 1974; R.C.M. 1947, 32-3926.
60-4-306. Repealed
60-4-306. Repealed. Sec. 6, Ch. 374, L. 1989. History: En. Sec. 7, Ch. 212, L. 1969; amd. Sec. 4, Ch. 426, L. 1971; amd. Sec. 144, Ch. 316, L. 1974; R.C.M. 1947, 32-3927.
60-4-209. Abandoned highway property — title vests in contiguous owner
60-4-209. Abandoned highway property — title vests in contiguous owner. (1) Except as provided in 60-4-213 through 60-4-218, upon abandonment by the state in the manner provided in subsection (2) of an interest in real property acquired for the purpose of establishment of a highway, the owner of contiguous real property or the owner’s successor in […]
60-4-210. through 60-4-212 reserved
60-4-210 through 60-4-212 reserved.
60-4-213. Purpose
60-4-213. Purpose. The purpose of 60-4-213 through 60-4-218 is to provide for the abandonment of an interest in real property that the department has determined is not necessary to the laying out, altering, construction, improvement, or maintenance of a road or highway. The current abandonment statute, 60-4-209, does not provide for abandonment of only a portion […]
60-4-214. Definitions
60-4-214. Definitions. As used in 60-4-213 through 60-4-218, unless the context requires otherwise, the following definitions apply: (1) ”Abandoned interest” means the fee simple or lesser interest in the subject property after the abandonment has been ordered by the commission. (2) ”Abandonment” means cessation of use of right-of-way or activity on the right-of-way with no intention to reclaim […]
60-4-215. Application of other laws
60-4-215. Application of other laws. (1) The provisions of 60-2-107(1) through (3), 60-4-201, 60-4-202, 60-4-203, and 60-4-209(1) and (3) through (5) do not apply to abandonment under 60-4-213 through 60-4-218. (2) The provisions of 60-2-107(4) and (5) apply to abandonment under 60-4-213 through 60-4-218 to the extent that reasonable access must remain after the abandonment. History: En. Sec. […]
60-4-216. Procedure for abandonment
60-4-216. Procedure for abandonment. (1) Upon receipt of a petition, in writing, for the abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder. (2) The department shall prepare an order of abandonment to propose to […]
60-4-217. Criteria for abandonment
60-4-217. Criteria for abandonment. (1) Subject to subsection (2), the commission shall enter an order abandoning the subject property upon finding that: (a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property; (b) a remainder […]