H.B. 51
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C.R. Gilbert 6
6 12-20-22 3:16 PM 6
H.B. 51
1 RAILROAD RIGHT OF WAY AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Casey Snider
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Revenue and Taxation Interim Committee recommended this bill.
10 Legislative Vote:15 voting for0 voting against 3 absent
11General Description:
12 This bill enacts provisions related to improvements within railroad right of ways.
13Highlighted Provisions:
14 This bill:
15 <defines terms; and
16 <authorizes a government entity to assess a railroad for any portion of the cost of a
17public infrastructure improvement, if:
18 Cthe improvement is partially or wholly within the railroad's right of way;
19 Cthe improvement provides a benefit to the railroad; and
20 Cthe assessment is proportionate to the railroad's benefit.
21Money Appropriated in this Bill:
22 None
23Other Special Clauses:
24 None
25Utah Code Sections Affected:
26ENACTS:
27 56-1-39, Utah Code Annotated 1953
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28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 56-1-39 is enacted to read:
31 56-1-39. Assessment for right of way infrastructure improvements.
32 (1) As used in this section:
33 (a) "Benefit" includes enhanced property value, enhanced safety or efficiency, reduced
34costs, and liability avoidance.
35 (b) "Government entity" means the state or a county, city, town, metro township, local
36district, or special service district.
37 (c) "Right of way infrastructure improvement" means construction, reconstruction,
38repair, or maintenance of public infrastructure that:
39 (i) is paid for by a government entity; and
40 (ii) (A) is partially or wholly within a railroad's right of way; or
41 (B) crosses over a railroad's right of way.
42 (d) "Public infrastructure" means any of the following improvements:
43 (i) a system or line for water, sewer, drainage, electrical, or telecommunications;
44 (ii) a street, road, curb, gutter, sidewalk, walkway, or bridge;
45 (iii) signage or signaling related to an improvement described in Subsection (1)(d)(i) or
46(ii); or
47 (iv) any other improvement similar to the improvements described in Subsections
48(1)(d)(i) through (iii).
49 (2) A government entity may, to the extent allowed, assess a railroad for any portion of
50the cost of a right of way infrastructure improvement, if:
51 (a) the government entity determines that the right of way infrastructure improvement
52provides a benefit to the railroad;
53 (b) the amount of the assessment is proportionate to the benefit the railroad receives, as
54determined by the government entity; and
55 (c) the government entity uses the assessment to pay for or as reimbursement for the
56cost of the right of way infrastructure improvement and not for the general support of the
57government entity.
58 (3) If more than one government entity assesses a railroad for the same right of way 12-20-22 3:16 PM H.B. 51
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59infrastructure improvement, the total amount of the assessments may not exceed the amount
60described in Subsection (2)(b).
61 (4) This section does not apply to a railroad that is exempt from assessment under 49
62U.S.C. Sec. 24301 or a railroad owned by a government entity.