Second Substitute H.B. 401

Representative Gage Froerer proposes the following substitute bill:

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 and includes a permanent or continuing trespass.
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 after the last trespass incident; and
15 . includes permanent or continuing trespass.
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 In accordance with Section 78B-2-305 , an action for damage created by trespass shall
28 be brought within three years of the last trespass incident which includes a permanent or
29 continuing trespass that caused the damage.

[Bill Documents]