1. (1) As used in this Section R907-80-15, the following definitions apply:

   1. (a) "Fixed guideway capital development" means the same as that term is defined in Section 72-1-102;
   2. (b) "Large public transit district" means the same as that term is defined in Section 17B-2a-802.

2. (2) Notwithstanding this rule, the department may provide for the sale or exchange of real property, with or without charge, to a large public transit district if the director determines that the real property:

   1. (a) is within the boundaries of a station area that has a station area plan certified by a metropolitan planning organization in accordance with Section 10-9a-403.1;
   2. (b) is part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802;
   3. (c) is adjacent to a completed fixed guideway capital development that was overseen by the department; or
   4. (d) will only be used by the large public transit district in a manner that the director determines will provide a benefit to the state transportation system.

3. (3)(a) Before selling or exchanging land under this Section R907-80-15, the department and the large public transit district will enter into an agreement to state the terms of the sale or exchange.

   1. (b) The director must approve and sign the agreement described in Subsection R907-80-15(2)(a).
   2. (c) Any agreement described in Subsection R907-80-15(2)(a) shall include provisions the director determines necessary to ensure the real property is used for the purposes outlined in Section 72-5-117 and the agreement.
4. (4) Notwithstanding contrary provisions in Rule R907-80, this Section R907-80-15 applies to the department's real property whether or not the real property is surplus.

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales

Date of Last Change: April 9, 2025

Notice of Continuation: April 21, 2022

Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404