10-9a-608. Vacating, altering, or amending a subdivision plat.
(1) (a) A fee owner of land, as shown on the last county assessment roll, in a subdivision
that has been laid out and platted as provided in this part may file a written petition with the land
use authority to have some or all of the plat vacated, altered, or amended.
(b) If a petition is filed under Subsection (1)(a), the land use authority shall hold a public
hearing within 45 days after the petition is filed if:
(i) any owner within the plat notifies the municipality of the owner's objection in writing
within ten days of mailed notification; or
(ii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(2) The public hearing requirement of Subsection (1)(b) does not apply and a land use
authority may consider at a public meeting an owner's petition to alter a subdivision plat if:
(a) the petition seeks to join two or more of the owner's contiguous, residential lots; and
(b) notice has been given to adjacent property owners and pursuant to local ordinance.
(3) Each request to vacate or alter a plat that contains a request to vacate or alter a public
street, right-of-way, or easement is also subject to Section 10-9a-609.5.
(4) Each petition to vacate, alter, or amend an entire plat or a portion of a plat shall
include:
(a) the name and address of each owner of record of the land contained in the entire plat;
and
(b) the signature of each of these owners who consents to the petition.
(5) (a) The owners of record of adjacent parcels that are described by either a metes and
bounds description or a recorded plat may exchange title to portions of those parcels if the
exchange of title is approved by the land use authority in accordance with Subsection (5)(b).
(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
the exchange of title will not result in a violation of any land use ordinance.
(c) If an exchange of title is approved under Subsection (5)(b):
(i) a notice of approval shall be recorded in the office of the county recorder which:
(A) is executed by each owner included in the exchange and by the land use authority;
(B) contains an acknowledgment for each party executing the notice in accordance with
the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
(C) recites the descriptions of both the original parcels and the parcels created by the
exchange of title; and
(ii) a conveyance of title reflecting the approved change shall be recorded in the office of
the county recorder.
(d) A notice of approval recorded under this Subsection (5) does not act as a conveyance
of title to real property and is not required for the recording of a document purporting to convey
title to real property.
(6) (a) The name of a recorded subdivision may be changed by recording an amended
plat making that change, as provided in this section and subject to Subsection (6)(c).
(b) The surveyor preparing the amended plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 17-23-17 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the
subdivision described in the amended plat the same name as a subdivision in a plat already
recorded in the county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other
document that purports to change the name of a recorded plat is voidable.
Amended by Chapter 67, 2009 General Session
Amended by Chapter 338, 2009 General Session
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Last revised: Thursday, May 28, 2009