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House backs bill to revert unused private thoroughfares after 50 years amid county‑authority concerns
Summary
Second substitute SB67 would return long‑unused public thoroughfares on private land to property owners after 50 years of nonuse; proponents called it a clarifying fix, while opponents warned it intrudes on county road decisions and could affect RS 2477 disputes. The House passed the bill 64‑3.
The Utah House on Feb. 14 approved second substitute Senate Bill 67, a measure that would cause certain public thoroughfares that cross private land and have not been used in 50 years to revert to the adjoining private owners.
Sponsor Representative Bollander told members the bill “addresses public thoroughfare” and will return roads to private owners if they have not had public use within a 50‑year period. The text excludes public highways, state or county roads claimed under RS 2477 and roads across federal land.
Opponents cautioned the legislation may displace longstanding county procedures for closing or abandoning roads. Representative Lyman said the bill “feels like this is a state legislative fix for a local county problem,” warning that the precedent could complicate RS 2477 disputes and federal‑land litigation.
Representative Snyder, who supported the bill, said the measure clarifies legislative intent about how unused thoroughfares revert and credited a narrow compromise reached in committee and on the floor.
After floor debate and question‑and‑answer exchanges about definitions of “unused” and abandonment procedures, the House passed SB67 by a recorded vote of 64 yes and 3 no. The bill will return to the Senate for further consideration.
