First Substitute H.B. 182

Representative Bradley T. Johnson proposes the following substitute bill:

1 HISTORICAL LIVESTOCK TRAILS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley T. Johnson
5
6 LONG TITLE
7 General Description:
8 This bill addresses historical livestock trails.
9 Highlighted Provisions:
10 This bill:
11 . provides a defense for an owner of livestock whose livestock damages property
12 abutting an historical livestock trail that is not fenced;
13 . enacts provisions allowing a prescriptive easement for an historical livestock trail;
14 and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 4-25-8, as last amended by Chapter 126, Laws of Utah 2002
23 ENACTS:
24 57-13b-101, Utah Code Annotated 1953
25 57-13b-102, Utah Code Annotated 1953

26 57-13b-201, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 4-25-8 is amended to read:
30 4-25-8. Owner liable for trespass of animals -- Exception -- Intervention by
31 county representative.
32 (1) The owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespasses
33 upon the premises of another person, except in cases where the premises are not enclosed by a
34 lawful fence in a county or municipality [which] that has adopted a fence ordinance, is liable in
35 a civil action to the owner or occupant of the premises for any damage inflicted by the trespass.
36 (2) A county representative may intervene to remove the animal and the county is
37 entitled to fair compensation for costs incurred. If the animal is not claimed within ten days
38 after written notification is sent to its owner, a county representative may sell the animal to
39 cover costs incurred.
40 (3) Notwithstanding Subsections (1) and (2), the owner of any neat cattle, horse, ass,
41 mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in
42 a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
43 (a) the animal enters the premises from an historic livestock trail, as defined in Section
44 57-13b-102 ; and
45 (b) the premises that was trespassed is not enclosed by a fence at the time the trespass
46 occurs.
47 Section 2. Section 57-13b-101 is enacted to read:
48 CHAPTER 13b. EASEMENT FOR HISTORICAL LIVESTOCK TRAIL ACT
49 Part 1. General Provisions
50 57-13b-101. Title.
51 This chapter is known as the "Easement for Historical Livestock Trail Act."
52 Section 3. Section 57-13b-102 is enacted to read:
53 57-13b-102. Definition.
54 As used in this chapter, "historical livestock trail" means property over which livestock
55 has historically traveled to or from a grazing area or market.
56 Section 4. Section 57-13b-201 is enacted to read:

57 Part 2. Prescriptive Easement
58 57-13b-201. Prescriptive easement for cattle trail.
59 (1) A prescriptive easement may be established if:
60 (a) a property owner uses an historical livestock trail that crosses another person's
61 property for a period of 20 years; and
62 (b) the use of the other owner's property as an historical livestock trail for the 20-year
63 period described in Subsection (1)(a) is:
64 (i) continuous;
65 (ii) open and notorious; and
66 (iii) adverse.
67 (2) If a property owner establishes that a use is continuous and open and notorious
68 under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.
69 (3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter
70 may only be established on private lands.