10-8-14.5. Utility easements -- Use for water or sewerage service.
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10-8-14.5. Utility easements -- Use for water or sewerage service.
(1)If a municipality grants a general utility easement for the provision of electric, gas, or telephone service, the grant may also provide that the easement may be used by the corporation or other entity that provides water or sewerage service to the municipality's residents.
(2)A general utility easement described in Subsection
(1)is subject to the provisions imposed on a public utility easement under Section 54-3-27 .
(3)If a municipality acquires a utility easement through the exercise of its eminent domain power for use under this section, the owner of the servient estate may realign the easement at the servient estate owner's expense unless the alignment cannot be reasonably changed because of engineering or safety requirements.
Amended by Chapter 246 , 2007 General Session