71A-9-302. Acquisition of easements -- Restrictions -- Resale.

356 words·~2 min read·/ut/title-71a/chapter-9/71a-9-302

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

Effective 5/7/2025

(1)The department may acquire, by purchase, from landowners voluntarily entering a contract with the department, property or easements for the establishment, maintenance, and operation of a restrictive use area for the operation of military missions adjacent to, or within the boundaries of the approved compatible use plan for:

(a)Hill Air Force Base;

(b)Little Mountain Test Facility;

(c)the Utah Test and Training Range;

(d)Dugway Proving Ground; or

(e)a National Guard facility.

(a)The department shall ensure that any easements established by voluntary purchase described in Subsection

(1)place conditions on land use identified in the applicable land use compatibility guidelines study or according to military best practice or recommendations.

(b)The department may allow other uses on easements described in Subsection

(1)not prohibited by the guidelines described in Subsection (2)(a) if the uses are consistent with the purpose of this part.

(c)Nothing in this part authorizes the department or any other state agency to:

(i)purchase a business;

(ii)require a landowner to sell property or an easement to the department; or

(iii)require a person to relocate or move.

(d)To calculate the purchase price for an easement described in Subsection (1), the department shall use the fair market value of the real property.

(e)When a military installation has not been used for seven years, the department shall:

(i)notify by certified mail each current owner of any property to which an easement is attached near the military installation that the owner may purchase the easement for the same price that the state originally paid for the easement or for the market value of the easement at the time of the owner's buyback, whichever is less; and

(ii)sell the easement to an owner notified under Subsection (2)(e)(i) if the owner tenders the purchase price described in Subsection (2)(e)(i).

(a)The department may take action to enforce the provisions of this chapter.

(b)The attorney general shall represent the department in an action described in Subsection (3)(a).

Enacted by Chapter 71 , 2025 General Session