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Utah Administrative Code (Current through November 1, 2019) |
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R933. Transportation, Preconstruction, Right-of-Way Acquisition |
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R933-1. Right of Way Acquisition |
| R933-1-1. Purpose and Authority |
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This rule provides the department's procedures for right of way acquisition and the purchase, sale, and exchange of real property. This rule is required by Section 72-5-117 and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act. |
| R933-1-2. Incorporation of Federal Regulations for Federal Financial Assistance Projects |
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The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register, on January 4, 2005, as its administrative rules on the acquisition of rights of way for projects receiving federal financial assistance. |
| R933-1-3. Partial Incorporation of Federal Regulations for State Projects Funded Without Federal Financial Assistance |
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The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register on January 4, 2005, as its administrative rules on the acquisition of rights of way for projects that do not receive federal financial assistance, except that 49 CFR 24.107 is not incorporated and shall not be the basis for recovery of attorney fees or other litigation expenses specified therein. Attorney fees and other litigation expenses shall only be recoverable for projects that do not receive federal financial assistance to the extent expressly provided for by state law. |
| R933-1-4. Requirements for Purchase, Sale, or Exchange of Real Property |
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(1) When purchasing, selling, or exchanging real property, the department may obtain and review the following documents and authorities as the department deems it necessary or appropriate to ensure that the value of the real property is congruent with the proposed price and other terms of purchase, sale, or exchange: (a) title insurance commitment; (b) an environmental assessment; (c) an engineering assessment; (d) applicable regulatory codes; (e) an appraisal; (f) an analysis of past maintenance and operational expenses, when available; (g) the situs, zoning, and planning information; (h) a land survey; and (i) other requirements determined necessary by the department. (2) This rule shall apply to all purchases, sales, and exchanges of the department, except as otherwise allowed, required or governed by state or federal law. For projects not receiving federal financial assistance, the requirements of this rule do not apply to the purchase, sale, or exchange of property, or to an interest in real property that is under a contract or other written agreement prior to May 5, 2008, or with a value of less than $100,000, as estimated by the department. |