57-13c-105. Required findings -- Order -- Recording of relocated easement.

485 words·~2 min read·/ut/title-57/chapter-13c/57-13c-105·

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

Effective 5/4/2022

(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.

(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