Current through the 2024 Fourth Special Session
Section 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.Added by Chapter 305, 2022 General Session ,§ 2, eff. 5/4/2022.