First Substitute H.B. 207

Representative Gregory H. Hughes proposes the following substitute bill:

1 PRESCRIPTIVE EASEMENTS ACT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gregory H. Hughes
5
6 LONG TITLE
7 General Description:
8 This bill restricts the use of prescriptive easements for motor vehicle access to real
9 property.
10 Highlighted Provisions:
11 This bill:
12 . prevents the establishment of certain prescriptive easements for motor vehicle
13 access; and
14 . provides exemptions.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a coordination clause.
19 Utah Code Sections Affected:
20 ENACTS:
21 57-13b-101, Utah Code Annotated 1953
22 57-13b-102, Utah Code Annotated 1953
23 57-13b-103, Utah Code Annotated 1953
24 57-13b-201, Utah Code Annotated 1953
25 57-13b-202, Utah Code Annotated 1953

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 57-13b-101 is enacted to read:
29 CHAPTER 13b. PRESCRIPTIVE EASEMENTS ACT
30 Part 1. General Provisions
31 57-13b-101. Title.
32 This chapter is known as the "Prescriptive Easements Act."
33 Section 2. Section 57-13b-102 is enacted to read:
34 57-13b-102. Definitions.
35 "Motor vehicle" is as defined in Section 41-1a-102 .
36 Section 3. Section 57-13b-103 is enacted to read:
37 57-13b-103. Scope.
38 This chapter does not apply to an easement established under Chapter 13a, Easement
39 for Water Conveyance.
40 Section 4. Section 57-13b-201 is enacted to read:
41 Part 2. Prescriptive Easements for Vehicular Use
42 57-13b-201. Prescriptive easements -- Restrictions.
43 (1) Except as provided in Section 57-13b-202 , a person may not establish a
44 prescriptive easement for use by a person operating a motor vehicle solely for the purpose of
45 accessing the real property by motor vehicle if there is a reasonable alternative method for
46 accessing the real property by motor vehicle.
47 (2) Access from a highway, as defined in Section 41-1a-102 , constitutes a reasonable
48 alternative method for accessing real property by motor vehicle.
49 Section 5. Section 57-13b-202 is enacted to read:
50 57-13b-202. Exemptions.
51 The following are exempt from Section 57-13b-201 :
52 (1) A railroad corporation, as defined in Section 54-2-1 .
53 (2) A utility company, as defined in Section 72-6-116 .
54 Section 6. Coordinating H.B. 207 with H.B. 182.
55 If this H.B. 207 and H.B. 182, Historical Livestock Trails, both pass, it is the intent of
56 the Legislature that the Office of Legislative Research and General Counsel in preparing the

57 Utah Code database for publication, shall rewrite Section 57-13b-103 to read as follows:
58 " 57-13b-103. Scope.
59 This chapter does not apply to an easement established under:
60 (1) Chapter 13a, Easement for Water Conveyance; or
61 (2) Chapter 13b, Easement for Historical Livestock Trail Act."