- (1) When the department replaces a Utility's fee interest or easement, the Utility shall transfer title to the prior fee or easement to the department without charge.
- (2) If the Utility has facilities within a fee or easement and the facilities are relocated within the department's right-of-way, the Utility shall transfer title to the fee or easement without charge to the department and the department shall reimburse the Utility 100% of the future utility relocation costs in compliance with 23 CFR Section 645, subpart A.
- (3) When the Utility's facilities are located in a public utility easement as defined in Section 54-3-27, the department may purchase a replacement public utility easement and may require the Utility to relocate its facilities to the replacement public utility easement.
- (4) The Utility shall pay UDOT for any betterment between the existing real property interest and the real property interest acquired for relocation.
- (5) If the department obtains a court ordered occupancy or right-of-entry from a property owner, the Utility shall relocate its facilities onto the replacement property rights while the department obtains the final order or deeds from the property owner.
- (6) Acquisition of Non-operating Real Property from a Utility shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable right-of-way procedures in 23 CFR Section 710.203.
KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)