reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 5 - Reimbursement of owner for expenses.

57-12-5.
Reimbursement of owner for expenses.
Any agency acquiring real property for its use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency;
(2) penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property;
(3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency, or the effective date of possession of such real property by the agency, whichever is the earlier; and
(4) relocation costs.
Amended by Chapter 321, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 6 - Buildings, structures or other improvements.

57-12-6.
Buildings, structures or other improvements.
(1) Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property or which is determined to be adversely affected by the use to which the real property will be put, shall be acquired.
(2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired under Subsection (1), the building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of his term; and the fair market value which the building, structure, or improvement contributes to the fair market value of the property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(3) Payment for the buildings, structures, or improvements as set forth in Subsection (2) shall not result in duplication of any payments otherwise authorized by state law. No payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all his right, title and interest in and to the improvements. Nothing with regard to this acquisition of buildings, structures, or other improvements shall be construed to deprive the tenants of any rights to reject payment and to obtain payment for these property interests in accordance with other laws of this state.
Enacted by Chapter 24, 1972 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 7 - Replacement property.

57-12-7.
Replacement property.
(1) No person shall be required to move or be relocated from land used for his residence and acquired under any of the condemnation or eminent domain laws of this state until he has been offered a comparable replacement dwelling, including the curtilage, which is a decent, safe, clean, and sanitary dwelling, including the curtilage, adequate to accommodate the occupants, available on the private market, and reasonably accessible to public services and places of employment.
(2) If a program or project cannot proceed to actual construction because comparable sale or rental housing is not available and cannot otherwise be made available, such action shall be taken as is necessary or appropriate to provide this housing by use of funds authorized for the project.
(3) No person shall be required to move from his dwelling, including the curtilage, after the effective date of this act because of any project of the agency, unless replacement housing is available to, and offered to the property owner.
(4) The agency shall assist owners of small businesses and family farms in identifying replacement properties available on the private market, located within the jurisdiction of the agency.
Amended by Chapter 321, 1998 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 8 - Advisory program.

57-12-8.
Advisory program.
(1) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person after the effective date of this act, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services prescribed in this act. If the agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer this person relocation advisory services under such program.
(2) Each relocation assistance program required by Subsection (1) shall include such measures, facilities, or services as may be necessary or appropriate in order:
(a) to determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance;
(b) to assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms;
(c) to supply information concerning programs of the federal, state, and local governments offering assistance to displaced persons and business concerns;
(d) to assist in minimizing hardships to displaced persons in adjusting to relocation; and
(e) to secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program.
Enacted by Chapter 24, 1972 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 9 - Rules of displacing agency.

Effective 5/4/2022
57-12-9.
Rules of displacing agency.
(1)
(a) A displacing agency may enact rules to assure that:
(i) the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable;
(ii) a displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and
(iii) any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have the person's application reviewed by the head of the displacing agency.
(b) Each displacing agency that has not adopted rules under Subsection (1)(a) shall comply with the rules promulgated by the Utah Department of Transportation relating to displaced persons in right-of-way acquisitions.
(2) Each displacing agency shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3)
(a) For a financial assistance claim made by a displaced person under this chapter or 42 U.S.C. Secs. 4601-4655, for which the Department of Transportation is the displacing agency in a circumstance described in Subsection (3)(b), the Department of Transportation shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procure, appoint, and cover the costs of:
(i) an administrative law judge to preside over the proceedings; and
(ii) a stenographer to record and transcribe any relevant hearing or proceeding.
(b) The requirements of Subsection (3)(a) shall apply to any financial assistance claim by a displaced person where:
(i) the financial assistance claim is valued at more than $50,000; or
(ii) there is a question of law affecting the denial of a financial assistance claim.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to establish administrative procedures in accordance with this part.
Amended by Chapter 107, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 10 - Displacing agency may contract for services or function through another agency.

57-12-10.
Displacing agency may contract for services or function through another agency.
To prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the displacing agency may enter into contracts with any person for services in connection with these programs, or may carry out its functions under this act through any agency or any federal agency or instrumentality.
Enacted by Chapter 24, 1972 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 11 - Payments not income or resources for welfare or tax purposes.

57-12-11.
Payments not income or resources for welfare or tax purposes.
No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's individual income tax, corporation franchise tax, or other tax laws. These payments shall not be considered as income or resources of any recipient of public assistance, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Enacted by Chapter 24, 1972 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 12 - Judicial review.

57-12-12.
Judicial review.
(1) Any person aggrieved by an order concerning relocation assistance may obtain judicial review.
(2) Venue for judicial review of informal adjudicative proceedings is in the district court of the county in which the real property taken for public use is located.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 14 - Dispute resolution -- Additional appraisal.

57-12-14.
Dispute resolution -- Additional appraisal.
(1) If the agency and the private property owner or displaced person disagree on any issue arising out of this chapter, the private property owner may submit the dispute for mediation or arbitration according to the procedures and requirements of Section 13-43-204.
(2)
(a) The private property owner or displaced person may request that the mediator or arbitrator authorize an additional appraisal.
(b) If the mediator or arbitrator determines that an additional appraisal is reasonably necessary to reach a resolution of the case, the mediator or arbitrator may:
(i) have an additional appraisal of the property prepared by an independent appraiser; and
(ii) require the agency to pay the costs of the first additional appraisal.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13 - Solar Easements › Section 1 - Definitions.

57-13-1.
Definitions.
As used in this act:
(1) "Solar easement" means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as defined herein.
(2) "Solar energy system" means a system of apparatus and equipment capable of collecting and converting incident solar radiation into heat, or mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to point of use, including, but not limited to, water heating, space heating or cooling, electric energy generation or mechanical energy generation.
(3) "Passive solar system" means a system which uses structural elements of the building, to provide for collection, storage, and distribution of solar energy for heating or cooling.
(4) "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed such that on any given clear day of the year, not more than 10% of the collectable insolation shall be blocked.
Enacted by Chapter 82, 1979 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13 - Solar Easements › Section 2 - Creation of solar easement -- Writing required -- Contents -- Enforcement.

57-13-2.
Creation of solar easement -- Writing required -- Contents -- Enforcement.
(1) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easements shall be created in writing and shall be filed, duly recorded and indexed in the office of the recorder of the county in which the easement is granted. Such easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, except that a solar easement may terminate upon the conditions stated herein.
(2) Any deed, will, or other instrument that creates a solar easement shall include, but the contents need not be limited to:
(a) a description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;
(b) a description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three dimensional space, or the place and times of day in which an obstruction to direct sunlight is prohibited or limited;
(c) any terms or conditions under which the solar easement is granted or may be terminated;
(d) any provisions for compensation of the owner of the real property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement, or compensation of the owner of the real property subject to the solar easement, or compensation of the owner of the real property subject to the solar easement for maintaining the solar easement; and
(e) any other provisions necessary or desirable to execute the instrument.
(3) A solar easement may be enforced by injunction or proceedings in injunction or other civil action.
Enacted by Chapter 82, 1979 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13a - Easement for Water Conveyance › Section 101 - Definitions.

57-13a-101.
Definitions.
As used in this chapter:
(1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water.
(2) "Water user" means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized under state law or by shares in a mutual irrigation company.
Enacted by Chapter 175, 1997 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13a - Easement for Water Conveyance › Section 102 - Prescriptive easement for water conveyance.

57-13a-102.
Prescriptive easement for water conveyance.
(1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been:
(a) continuous;
(b) open and notorious; and
(c) adverse.
(2) If Subsections (1)(a) and (b) are established, there is a rebuttable presumption that the use has been adverse.
Enacted by Chapter 175, 1997 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13a - Easement for Water Conveyance › Section 103 - Notice of easement.

57-13a-103.
Notice of easement.
The holder of an easement established as provided by Section 57-13a-102 may file a notice describing the easement in the office of the county recorder of each county in which the easement or a portion of the easement is located.
Enacted by Chapter 318, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13a - Easement for Water Conveyance › Section 104 - Abandonment of prescriptive easement for water conveyance.

Effective 5/3/2023
57-13a-104.
Abandonment of prescriptive easement for water conveyance.
(1) A holder of a prescriptive easement for a water conveyance established under Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement.
(2)
(a) A holder of a prescriptive easement for a water conveyance established under Section 57-13a-102 who seeks to abandon the easement or part of the easement shall, in each county where the easement or part of the easement is located, file in the office of the county recorder a notice of intent to abandon the prescriptive easement that describes the easement or part of the easement to be abandoned.
(b) A county recorder who receives a notice of intent to abandon a prescriptive easement shall:
(i) publish copies of the notice for the area generally served by the water conveyance that utilizes the easement, as a class A notice under Section 63G-30-102, for at least 45 days; and
(ii) mail a copy of the notice of intent to abandon the prescriptive easement to each municipal and county government where the easement or part of the easement is located .
(3) After meeting the requirements of Subsection (2)(a) and at least 45 days after the last day on which the county recorder posts the notice of intent to abandon the prescriptive easement in accordance with Subsection (2)(b), the holder of the prescriptive easement shall file in the office of the county recorder for each county where the easement or part of the easement is located a notice of abandonment that contains the same description required by Subsection (2)(a).
(4)
(a) Upon completion of the requirements described in Subsection (2):
(i) all interest to the easement or part of the easement abandoned by the holder of the easement is extinguished; and
(ii) subject to each legal right that exists as described in Subsection (4)(b), the owner of a servient estate whose land was encumbered by the easement or part of the easement abandoned may reclaim the land area occupied by the former easement or part of the easement and resume full utilization of the land without liability to the former holder of the easement.
(b) Abandonment of a prescriptive easement under this section does not affect a legal right to have water delivered or discharged through the water conveyance and easement established by a person other than the holder of the easement who abandons an easement as provided in this section.
(5) A county recorder may bill the holder of the prescriptive easement for the cost of preparing, printing, and publishing the notice required under Subsection (2)(b).
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13b - Easement for Historical Livestock Trail Act › Part 2 - Prescriptive Easement › Section 201 - Prescriptive easement for livestock trail.

57-13b-201.
Prescriptive easement for livestock trail.
(1) A prescriptive easement may be established if:
(a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and
(b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:
(i) continuous;
(ii) open and notorious; and
(iii) adverse.
(2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.
(3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.
Enacted by Chapter 118, 2005 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 102 - Scope -- Exclusions.

Effective 5/4/2022
57-13c-102.
Scope -- Exclusions.
(1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established:
(a) by express grant or reservation; or
(b) by prescription, implication, necessity, estoppel, or other method.
(2) This chapter may not be used to relocate:
(a) a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement;
(b) an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501;
(c) any easement associated in any way with a highway or a public transit facility; or
(d) an easement if the proposed location would:
(i) encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or
(ii) interfere with the use or enjoyment of:
(A) a public-entity easement, a public-utility easement, or a water-conveyance easement; or
(B) an easement appurtenant to a conservation easement, a highway, or a public transit facility.
(3) This chapter does not apply to relocation of an easement by consent.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 103 - Right of servient estate owner to relocate easement.

Effective 5/4/2022
57-13c-103.
Right of servient estate owner to relocate easement.
A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:
(1) lessen the utility of the easement;
(2) after the relocation, increase the burden on the easement holder in the easement holder's reasonable use and enjoyment of the easement;
(3) impair an affirmative, easement-related purpose for which the easement was created;
(4) during or after the relocation, impair the safety of the easement holder or another person entitled to use and enjoy the easement;
(5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
(6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate;
(7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate;
(8) impair a real-property interest of a lessee of record in the dominant estate; or
(9) impair a recorded real-property interest of any other person in the servient estate or dominant estate.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 104 - Commencement of civil action.

Effective 5/4/2022
57-13c-104.
Commencement of civil action.
(1) To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action.
(2)
(a) Except as provided in Subsection (2)(b), a servient estate owner that commences a civil action under Subsection (1) shall serve a summons and complaint on:
(i) the easement holder whose easement is the subject of the relocation;
(ii) a security-interest holder of record of an interest in the servient estate or dominant estate;
(iii) a lessee of record of an interest in the dominant estate; and
(iv) any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest.
(b) A servient estate owner is not required to serve a summons and complaint under Subsection (2)(a) on the owner of a recorded real-property interest in oil, gas, or minerals in the dominant estate unless:
(i) the real-property interest includes an easement to facilitate oil, gas, or mineral development; or
(ii) the owner is a lessee of record of a real-property interest in oil, gas, or minerals in the dominant estate.
(3) A complaint under this section shall state:
(a) the intent of the servient estate owner to seek the relocation;
(b) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation;
(c) the current and proposed locations of the easement;
(d) the reason the easement is eligible for relocation under Section 57-13c-102;
(e) the reason the proposed relocation satisfies the conditions for relocation under Section 57-13c-103; and
(f) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.
(4)
(a) At any time before the court renders a final order in an action under Subsection (1), a person served under Subsection (2)(a)(ii), (iii), or (iv) may file a document, in recordable form, that waives the person's rights to contest or obtain relief in connection with the relocation or subordinates the person's interests to the relocation.
(b) On filing of the document, the court may order that the person is not required to answer or participate further in the action.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 105 - Required findings -- Order -- Recording of relocated easement.

Effective 5/4/2022
57-13c-105.
Required findings -- Order -- Recording of relocated easement.
(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner:
(a) establishes that the easement is eligible for relocation under Section 57-13c-102; and
(b) satisfies the conditions for relocation under Section 57-13c-103.
(2) An order under this chapter approving relocation of an easement shall:
(a) state that the order is issued in accordance with this chapter;
(b) recite the recording data of the instrument creating the easement, if any, and any amendments and any notice under Chapter 9, Marketable Record Title;
(c) identify the immediately preceding location of the easement;
(d) describe in a legally sufficient manner the new location of the easement;
(e) describe mitigation required of the servient estate owner during relocation;
(f) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h) include a provision for payment by the servient estate owner of expenses under Section 57-13c-106;
(i) include a provision for compliance by the parties with the obligation of good faith under Section 57-13c-107; and
(j) instruct the servient estate owner to record an affidavit, if required under Subsection 57-13c-108(1), when the servient estate owner substantially completes relocation.
(3) An order under Subsection (2) may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4)
(a) Before a servient estate owner proceeds with relocation of an easement under this chapter, the servient estate owner shall:
(i) record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under Subsection (2); or
(ii) if the easement was established by the recording of a subdivision plat or a condominium plat, record an amended plat in the land records for the jurisdiction where the servient estate is located.
(b) If a servient estate owner is required to record an amended plat under Subsection (4)(a)(ii):
(i) the servient estate owner is not required to obtain the signatures on the amended plat of the other property owners within the platted area or provide notice of the amended plat; and
(ii) the applicable land use authority is not required to hold a public hearing or consider the amended plat in a public meeting if the easement relocation is the only amendment to the plat.
(c) If a public entity is required to sign an amended plat, the public entity shall sign the amended plat for compliance with the order under Subsection (2).
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 106 - Expenses of relocation.

Effective 5/4/2022
57-13c-106.
Expenses of relocation.
A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:
(1) constructing improvements on the servient estate or dominant estate in accordance with an order under Section 57-13c-105;
(2) removing and demolishing any existing improvements on the dominant estate in accordance with an order under Section 57-13c-105;
(3) any liability or damages incurred by the easement holder arising out of the relocation of the easement, including environmental investigation, remediation, restoration, or reclamation expenses and any reasonable attorney fees associated with the liability or damages incurred by the easement holder;
(4) any cleanup, removal, repair, remediation, detoxification, or restoration required by a public entity;
(5) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;
(6) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;
(7) preparing and recording the certified copy required by Subsection 57-13c-105(4) and any other document required to be recorded;
(8) any title, survey, or site investigation work required to complete the relocation or required by a party to the civil action as a result of the relocation;
(9) applicable premiums for title insurance related to the relocation;
(10) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under Subsection 57-13c-105(2)(f);
(11) payment of any maintenance cost associated with the relocated easement that is greater than the maintenance cost associated with the easement before relocation; and
(12) obtaining any third-party consent required to relocate the easement.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 107 - Duty to act in good faith.

Effective 5/4/2022
57-13c-107.
Duty to act in good faith.
After the court, under Section 57-13c-105, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 108 - Relocation affidavit.

Effective 5/4/2022
57-13c-108.
Relocation affidavit.
(1) If an order under Section 57-13c-105 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:
(a) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and
(b) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.
(2) Until an affidavit under Subsection (1) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under Section 57-13c-105 approving relocation.
(3) If an order under Section 57-13c-105 does not require an improvement to be constructed as a condition of the relocation, recording the order under Subsection 57-13c-105(4) constitutes relocation.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 109 - Limited effect on relocation.

Effective 5/4/2022
57-13c-109.
Limited effect on relocation.
(1) Relocation of an easement under this chapter:
(a) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(b) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under a law other than this chapter;
(c) is not a breach or default of a lease, except as otherwise determined by a court under a law other than this chapter;
(d) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under a law other than this chapter;
(e) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and
(f) is not a fraudulent conveyance or voidable transaction under law.
(2) This chapter does not affect any other method of relocating an easement permitted under a law of this state other than this chapter.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 110 - Nonwaiver.

Effective 5/4/2022
57-13c-110.
Nonwaiver.
The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:
(1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
(2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 111 - Uniformity of application and construction.

Effective 5/4/2022
57-13c-111.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the uniform law with respect to the uniform law's subject matter among the states that enact the uniform law.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 112 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/4/2022
57-13c-112.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 13c - Uniform Easement Relocation Act › Section 114 - Severability.

Effective 5/4/2022
57-13c-114.
Severability.
If any provision of this chapter or the application of the chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Enacted by Chapter 305, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 1 - General Provisions › Section 101 - Title -- Purpose.

57-14-101.
Title -- Purpose.
(1) This chapter is known as "Limitations on Landowner Liability."
(2) The purpose of this chapter is to limit the liability of public and private land owners toward a person entering the owner's land as a trespasser or for recreational purposes, whether by permission or by operation of Title 73, Chapter 29, Public Waters Access Act.
Renumbered and Amended by Chapter 212, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
57-14-102.
Definitions.
As used in this chapter:
(1) "Charge" means the admission price or fee asked in return for permission to enter or go upon the land.
(2) "Child" means an individual who is 16 years old or younger.
(3)
(a) "Land" means any land within the state boundaries.
(b) "Land" includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(4) "Owner" means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.
(5) "Person" includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.
(6) "Recreational purpose" includes, but is not limited to, any of the following or any combination thereof:
(a) hunting;
(b) fishing;
(c) swimming;
(d) skiing;
(e) snowshoeing;
(f) camping;
(g) picnicking;
(h) hiking;
(i) studying nature;
(j) waterskiing;
(k) engaging in water sports;
(l) engaging in equestrian activities;
(m) using boats;
(n) mountain biking;
(o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
(p) using off-highway vehicles or recreational vehicles;
(q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
(r) aircraft operations; and
(s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating.
(7) "Serious physical injury" means any physical injury or set of physical injuries that:
(a) seriously impairs a person's health;
(b) was caused by use of a dangerous weapon as defined in Section 76-1-101.5;
(c) involves physical torture or causes serious emotional harm to a person; or
(d) creates a reasonable risk of death.
(8) "Trespasser" means a person who enters on the land of another without:
(a) express or implied permission; or
(b) invitation.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 2 - Liability Relating to Recreational Use › Section 201 - Owner owes no duty of care or duty to give warning -- Exceptions.

57-14-201.
Owner owes no duty of care or duty to give warning -- Exceptions.
Except as provided in Subsections 57-14-204(1) and (2), an owner of land owes no duty of care to keep the land safe for entry or use by any person entering or using the land for any recreational purpose or to give warning of a dangerous condition, use, structure, or activity on the land.
Renumbered and Amended by Chapter 212, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 2 - Liability Relating to Recreational Use › Section 202 - Use of private land without charge -- Effect.

Effective 7/1/2023
57-14-202.
Use of private land without charge -- Effect.
(1) Except as provided in Subsection 57-14-204(1), an owner of land who either directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1 per year, any person to use the owner's land for any recreational purpose, or an owner of a public access area open to public recreational access under Title 73, Chapter 29, Public Waters Access Act, does not:
(a) make any representation or extend any assurance that the land is safe for any purpose;
(b) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(c) assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of the person or any other person who enters upon the land; or
(d) owe any duty to curtail the owner's use of the land during its use for recreational purposes.
(2) The limitations of liability provided in this part apply to the owner of land designated as a migratory bird production area under Title 23A, Chapter 13, Migratory Bird Production Area, that is owned and operated for any purpose allowed under Title 23A, Chapter 13, Migratory Bird Production Area, if:
(a) the owner allows a guest of the owner or, if the owner has shareholders, members, or partners, a guest of a shareholder, member, or partner of the owner to engage in an activity with a recreational purpose on that land; and
(b) the guest is not charged.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 2 - Liability Relating to Recreational Use › Section 203 - Land leased to state or political subdivision for recreational purposes.

57-14-203.
Land leased to state or political subdivision for recreational purposes.
Unless otherwise agreed in writing, Sections 57-14-201 and 57-14-202 are applicable to the duties and liability of an owner of land leased to the state or any subdivision of the state for recreational purposes.
Renumbered and Amended by Chapter 212, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 2 - Liability Relating to Recreational Use › Section 204 - Liability not limited where willful or malicious conduct involved or admission fee charged.

Effective 7/1/2023
57-14-204.
Liability not limited where willful or malicious conduct involved or admission fee charged.
(1) Nothing in this part limits any liability that otherwise exists for:
(a) willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity;
(b) deliberate, willful, or malicious injury to persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the land or use the land for any recreational purpose.
(2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision of the state, any consideration received by the owner for the lease is not a charge within the meaning of this section.
(3) Any person who hunts upon a cooperative wildlife management unit, as authorized by Title 23A, Chapter 7, Cooperative Wildlife Management Units, is not considered to have paid a fee within the meaning of this section.
(4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir and its surrounding area and do not themselves charge a fee for that use, are considered not to have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the Division of State Parks or the Division of Outdoor Recreation for the use of the services and facilities at that dam or reservoir.
(5) The state or a subdivision of the state that owns property purchased for a railway corridor is considered not to have charged for use of the railway corridor within the meaning of Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses or travels over the railway corridor of the state or a subdivision of the state:
(a) allows recreational use of the railway corridor and its surrounding area; and
(b) does not charge a fee for that use.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 2 - Liability Relating to Recreational Use › Section 205 - Person using land of another not relieved from duty to exercise care.

57-14-205.
Person using land of another not relieved from duty to exercise care.
This part may not be construed to relieve any person, using the land of another for recreational purposes, from any obligation which the person may have in the absence of this chapter to exercise care in use of the land and in activities on the land, or from the legal consequences of failure to employ care.
Renumbered and Amended by Chapter 212, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 4 - Activities with a Recreational Purpose on Certain Lands › Section 401 - Activities with a recreational purpose on certain lands.

Effective 5/14/2019
57-14-401.
Activities with a recreational purpose on certain lands.
(1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim against or recover from an owner of any land, including land in developed or improved, urban or semi-rural areas opened to the general public without charge, such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or property damage caused either directly or indirectly by participating in an activity with a recreational purpose on the land.
(2) Nothing in this section may be construed to relieve a person participating in a recreational purpose from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.
Amended by Chapter 345, 2019 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 14 - Limitations on Landowner Liability › Part 5 - Limitation on Award › Section 501 - Limitation of award of noneconomic damages.

Effective 5/14/2019
57-14-501.
Limitation of award of noneconomic damages.
(1) In an action arising on or after May 14, 2019, against an owner of land for an injury to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of the award for noneconomic losses may not exceed $450,000.
(2) The limit described in Subsection (1) does not apply to:
(a) an award of punitive damages;
(b) a claim for wrongful death; or
(c) a liability described in Subsection 57-14-204(1).
Enacted by Chapter 345, 2019 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 2 - Purpose of chapter.

57-16-2.
Purpose of chapter.
The fundamental right to own and protect land and to establish conditions for its use by others necessitate that the owner of a mobile home park be provided with speedy and adequate remedies against those who abuse the terms of a tenancy. The high cost of moving mobile homes, the requirements of mobile home parks relating to their installation, and the cost of landscaping and lot preparation necessitate that the owners of mobile homes occupied within mobile home parks be provided with protection from actual or constructive eviction. It is the purpose of this chapter to provide protection for both the owners of mobile homes located in mobile home parks and for the owners of mobile home parks.
Enacted by Chapter 178, 1981 General Session