72-5-309. Acceptance of rights-of-way -- Notice of acknowledgment required.

455 words·~2 min read·/ut/title-72/chapter-5/72-5-309

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

Effective 5/4/2022

(1)The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section 72-5-103 .

(2)If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.

(3)A notice of acknowledgment of the R.S. 2477 grant shall include:

(a)a statement of reasons for the acknowledgment;

(b)a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained;

(c)a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and

(d)a statement of the time limit provided in Section 72-5-310 for filing a petition.

(i)The governor or the governor's designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state's property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist.

(A)A notice of acknowledgment recorded in the county recorder's office is not required to be accompanied by a paper copy of the center-line description.

(B)A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act .

(C)An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:

(I)the county recorder's office; or

(II)the Utah Geospatial Resource Center created in Section 63A-16-505 .

(b)A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon:

(i)expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or

(ii)a final court decision that the notice of acknowledgment was not incorrect.

Amended by Chapter 259 , 2022 General Session