Utah’s Legal Framework for Corridor Preservation Activities

Abstract

Tools and techniques for corridor preservation strategies are categorized into two groups: interim protection measures and preservation measures. Interim protection measures serve to hold land out of development until it can be purchased; preservation measures definitively ensure that right-of-way will be available when needed for a transportation facility. This almost invariably involves full transfer of title of others’ rights to a public transportation or other government entity. These measures must be implemented within the limits of the statutes that exist in the state where a public agency is located. Whether state officials choose to establish a long-range highway corridor preservation program by acquisition or by police power regulation, that program will be subject to several statutes that generally constrain all such activities. A review of legislation in Utah and other U.S. states that specifically addresses corridor preservation was conducted. It was found that about 20 states had some statutes relating to corridor preservation. In Utah and in other states, however, few state legislative provisions governing long-range preservation activities are orderly or systematic. A summary of findings on legal issues of corridor preservation in Utah and possible ways for enabling long-term corridor preservations so that states that face similar problems can glean insights from Utah’s experience is presented. Also presented is a model legislation that was developed based on study findings in an effort to raise the issue of legal aspects of corridor preservation.