57-13c-106. Expenses of relocation.

307 words·~1 min read·/ut/title-57/chapter-13c/57-13c-106

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

Effective 5/4/2022

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