Term of grant -- Abandonment.
Utah Code § 72-5-305
in effect72-5-305. Term of grant -- Abandonment.
(1) In accordance with the terms of the R.S. 2477 right-of-way grant, once accepted, an R.S. 2477 right-of-way is established for a perpetual term.
(2)
(a) Abandonment of any R.S. 2477 right-of-way shall only take place in accordance with the procedures in Part 1, Public Highways, of this chapter.
(b) If any R.S. 2477 right-of-way is abandoned by a political subdivision of the state, the right-of-way shall revert to the state.
(c) To abandon an R.S. 2477 right-of-way as described in Subsection (2)(b), a political subdivision shall:
(i) comply with Subsection 72-3-105(9); and
(ii) provide notice of abandonment to the advisor of the Public Lands Policy Coordinating Office created in Section 63L-11-201.
(3) The passage of time or the frequency of use of an R.S. 2477 right-of-way is not evidence of waiver or abandonment of the R.S. 2477 right-of-way.
(4) An R.S. 2477 right-of-way continues even if the servient estate is transferred out of the public domain.
Amended by Chapter 131, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title72/Chapter5/72-5-S305.html?v=C72-5-S305_2025050720250507Fetched: 10/26/2026