57-13c-104. Commencement of civil action.

396 words·~2 min read·/ut/title-57/chapter-13c/57-13c-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action.

(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.

(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