The Legislature finds and declares: (1) That there is a public need for timely acquisition or construction of and improvements to transportation facilities within the state that are compatible with state and local transportation plans;
The division may take any action to obtain federal, state or local assistance for a qualifying transportation facility that serves the public purpose of this article and may enter into any contracts required to receive federal assistance. The division may determine that it serves the public purpose of this article for all or any portion […]
(a) Except upon written agreement of the developer and any other parties identified in the comprehensive agreement, the division may exercise any or all of the following remedies provided in this section or elsewhere in this article to remedy any material default that has occurred or may continue to occur. (1) To elect to take […]
The full faith and credit of the state, or any county, municipality or political subdivision of the state may not be pledged to secure any financing of the developer in connection with the acquisition, construction or equipping of a qualifying transportation facility.
(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of this article. Any amounts […]
The developer and each county, municipality, public service district, utility, railroad, and cable television provider whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any entity possessing the power of condemnation is expressly granted the powers […]
The division shall terminate the developers authority and duties under this article on the date set forth in the comprehensive agreement. Upon termination, the duties of the developer and division under this article cease and the qualifying transportation facility shall be dedicated to the division for public use.
Comprehensive agreements entered into pursuant to this article are exempt from the provisions of 5-22-1 et seq. of this code. The provisions 21-1C-1 et seq. of this code apply to the construction of all qualifying transportation facilities approved under this article.
(a) The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, for the improvement of their health, safety, convenience and welfare and for the enhancement of their residential, agricultural, recreational, economic, commercial and industrial opportunities and is a public purpose. As the […]
The provisions of this article are remedial and shall be liberally construed and applied so as to promote the purposes set out in section one of this article.
As used in this article, the following words and terms have the following meanings: (1) "Comprehensive agreement" means the comprehensive agreement by and between a developer and the division required by section nine of this article.
Any private entity seeking authorization under this article to acquire, construct, or improve a transportation facility shall first submit a conceptual proposal as set forth in 17-27-5 of this code.
In addition to the powers and duties set forth elsewhere in this code, the division and any other agency that is part of the department may: (1) Review proposals submitted by private entities in accordance with this article. The review shall consist of the review by the division of the conceptual proposal: Provided, That expenses […]
(a) The division may solicit, or a private entity may submit in writing, a conceptual proposal for a transportation facility to the division for consideration. The conceptual proposal shall include the following: (1) A statement of the private entitys qualifications and experience;
In addition to any authority otherwise conferred by law, any public entity may contract for services to be provided for a qualifying transportation facility in exchange for service payments and other consideration as the division determines appropriate.
Any public entity may dedicate any property interest that it has for public use as a qualified transportation facility if it finds it will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that it has to a developer or the division for any […]
(a) The developer has all power allowed by law generally to a private entity having the same form of organization as the developer and may acquire, construct or improve a qualifying transportation facility and impose user fees in connection with the use of the facility. (b) The developer may own, lease, or acquire any other […]
(a) Prior to acquiring, constructing, or improving the qualifying transportation facility, the developer shall enter into a comprehensive agreement with the division. The comprehensive agreement shall provide for: (1) Delivery of performance or payment bonds in connection with the construction of or improvements to the qualifying transportation facility, in the forms and amounts satisfactory to […]
