Utah § 72-7-104 - Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.
Full text of Utah Utah Code § 72-7-104 — Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal., with citation guidance and answers to common questions.
§ 72-7-104. Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.
72-7-104.
Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.
(1)
If any person, firm, or corporation installs, places, constructs, alters, repairs, or maintains any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, outdoor advertising sign, or any other structure or object of any kind or character within the right-of-way of any highway without complying with this title, the highway authority having jurisdiction over the right-of-way may:
(a)
remove the installation from the right-of-way or require the person, firm, or corporation to remove the installation; or
(b)
give written notice to the person, firm, or corporation to remove the installation from the right-of-way.
mailing the notice to the person, firm, or corporation by certified mail; and
(ii)
posting a copy on the installation for 10 days.
(3)
If the installation is not removed within 10 days after the notice is complete, the highway authority may remove the installation at the expense of the person, firm, or corporation.
(4)
A highway authority may recover:
(a)
the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit if any; and
(b)
$10 for each day the installation remained within the right-of-way after notice was complete.
(5)
(a)
If the person, firm, or corporation disputes or denies the existence, placement, construction, or maintenance of the installation, or refuses to remove or permit its removal, the highway authority may bring an action to abate the installation as a public nuisance.
(b)
If the highway authority is granted a judgment, the highway authority may recover the costs of having the public nuisance abated as provided in Subsection (4).
(6)
The department, its agents, or employees, if acting in good faith, incur no liability for causing removal of an installation within a right-of-way of a highway as provided in this section.
Section 72-7-104 ("Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 72-7-104?
A common citation format is "Utah Code § 72-7-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 72-7-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
