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Section 104 – Public use constituting dedication — Scope.

Effective 5/12/2020 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 highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period […]

Section 106 – Expiration of franchise of toll bridge or road.

72-5-106. Expiration of franchise of toll bridge or road. If the franchise of any toll bridge or road expires by limitation, forfeiture, or nonuser it is a free public highway, and no claim shall be valid against the public for right-of-way or for land or material comprising the bridge or road. Renumbered and Amended by […]

Section 108 – Width of rights-of-way for public highways.

72-5-108. Width of rights-of-way for public highways. The width of rights-of-way for public highways shall be set as the highway authorities of the state, counties, or municipalities may determine for the highways under their respective jurisdiction. Renumbered and Amended by Chapter 270, 1998 General Session

Section 110 – Acquisition of personal property — Disposal of certain personal property.

72-5-110. Acquisition of personal property — Disposal of certain personal property. (1) The department may: (a) acquire by gift, agreement, exchange, purchase, or otherwise machinery, tools, equipment, materials, supplies, or other personal property necessary for the administration, construction, maintenance, and operation of the state highways; and (b) sell, exchange, or otherwise dispose of the machinery, […]

Section 111 – Disposal of real property.

Effective 5/4/2022 72-5-111. Disposal of real property. (1) (a) If the department determines that any real property or interest in real property, acquired for a state transportation purpose, is no longer necessary for the purpose, the department may lease, sell, exchange, or otherwise dispose of the real property or interest in the real property. (b) […]

Section 114 – Property acquired in advance of construction — Lease or rental.

72-5-114. Property acquired in advance of construction — Lease or rental. (1) (a) The department may acquire real property or interests or improvements in real property in advance of the actual construction, reconstruction, or improvement of highways in order to save on acquisition costs or avoid the payment of excessive damages. (b) The real property […]

Section 115 – Acquisition of property devoted to or held for other public use.

72-5-115. Acquisition of property devoted to or held for other public use. (1) If property devoted to or held for some other public use for which the power of eminent domain might be exercised is to be taken for state transportation purposes, the department may, with the consent of the person or agency in charge […]

Section 116 – Exemption from state licensure.

72-5-116. Exemption from state licensure. In accordance with Section 61-2f-202, an employee or authorized agent working under the oversight of the department when engaging in an act on behalf of the department related to one or more of the following is exempt from licensure under Title 61, Chapter 2f, Real Estate Licensing and Practices Act: […]

Section 118 – Unlawful road closures.

Effective 5/14/2019 72-5-118. Unlawful road closures. (1) Except as provided in Sections 72-1-212, 72-5-105, 72-6-114, and 72-7-103, an individual who knowingly places or authorizes the placement of a temporary or permanent barricade on a class A, B, C, or D road, an R.S. 2477 right-of-way, or a portion of a class A, B, C, or […]