H.B. 188 Enrolled

1

EASEMENTS - COUNTIES AND
2 MUNICIPALITIES
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Aaron Tilton
6 Senate Sponsor: Mark B. Madsen
7
8 LONG TITLE
9 General Description:
10 This bill addresses the realignment of easements acquired by a county or municipality.
11 Highlighted Provisions:
12 This bill:
13 . allows a property owner to realign certain easements acquired by a county or
14 municipality using eminent domain powers at the owner's expense; 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 10-8-14.5, as last amended by Chapter 64, Laws of Utah 2004
23 ENACTS:
24 17-15-29, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-8-14.5 is amended to read:
28 10-8-14.5. Utility easements -- Use for water or sewerage service.
29 (1) If a municipality grants a general utility easement for the provision of electric, gas,

30 or telephone service, the grant may also provide that the easement [can] may be used by the
31 corporation or other entity that provides water or sewerage service to the municipality's
32 residents.
33 (2) A general utility easement described in Subsection (1) is subject to the provisions
34 imposed on a public utility easement under Section 54-3-27 .
35 (3) If a municipality acquires a utility easement through the exercise of its eminent
36 domain power for use under this section, the owner of the servient estate may realign the
37 easement at the servient estate owner's expense unless the alignment cannot be reasonably
38 changed because of engineering or safety requirements.
39 Section 2. Section 17-15-29 is enacted to read:
40 17-15-29. Easement for utility use -- Realignment at property owner's expense.
41 (1) As used in this section, "utility easement" means an easement acquired by a county
42 through the use of eminent domain to provide utility services to the county's residents.
43 (2) The owner of a servient estate subject to a utility easement may realign the
44 easement at the servient estate owner's expense unless the alignment cannot be reasonably
45 changed because of engineering or safety requirements.