H.B. 401

1

STATUTE OF LIMITATIONS ON TRESPASS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill clarifies that the statute of limitations on damages for trespass is three years,
10 but lengthens the time period for enjoining a permanent trespass to 20 years.
11 Highlighted Provisions:
12 This bill:
13 . affirms that the statute of limitations for the recovery of damages due to trespass is
14 three years; and
15 . lengthens the time period to enjoin a trespass to 20 years.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 78B-2-314, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-2-314 is enacted to read:
26 78B-2-314. Statute of limitations -- Permanent or continuing trespass -- Damages.
27 (1) In accordance with Section 78B-2-305 , an action for damage created by trespass

28 shall be brought within three years of the trespass incident that caused the damage.
29 (2) An action to enjoin a permanent or continuing trespass for which the statute of
30 limitations for damages has run may, nonetheless, be brought within 20 years after the first
31 instance of trespass.




Legislative Review Note
as of 3-1-13 6:20 PM

Office of Legislative Research and General Counsel

[Bill Documents]