S.B. 269

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House Floor Amendments 3-12-2009 je/rhr

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Senate Committee Amendments 2-26-2009 rd/rhr This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 26, 2009 at 2:28 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 9, 2009 at 11:53 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 12, 2009 at 10:48 AM by jeyring. --> 1

PUBLIC UTILITY EASEMENT AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory S. Bell
5 House Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to public utility easements.
10 Highlighted Provisions:
11 This bill:
12 . defines "protected utility easement";
13 . provides that a person may not acquire an interest in a public utility easement or
14 protected utility easement that is adverse to or interferes with the public utility's full
15 use of the easement; and
16 . provides that a gas corporation's S. H. [ or ] , .H electric corporation's .S H. ,
16a1 or telephone corporation's .H failure to possess,
16a occupy, or use a protected utility
17 easement does not diminish or extinguish the H. [ gas ] .H corporation's H. [ S. or electric
17a1 corporation's .S ] .H
17a rights under the
18 easement.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 54-3-27, as last amended by Laws of Utah 2007, Chapter 268
26
27 Be it enacted by the Legislature of the state of Utah:

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House Floor Amendments 3-12-2009 je/rhr

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Senate Committee Amendments 2-26-2009 rd/rhr 28

Section 1. Section 54-3-27 is amended to read:
29 54-3-27. Public utility easement.
30 (1) As used in this section[, "public]:
31 (a) "Protected utility easement" means a recorded easement or right-of-way:
32 (i) for the use and installation of a utility facility; and
33 (ii) the ownership of which a gas corporation S. H. [ or ] , .H electric
33a1 corporation .S H. , or telephone corporation .H acquires and
33a holds by any lawful means.
34 (b) "Public utility easement" means the area on a recorded plat map or other recorded
35 document that is dedicated to the use and installation of public utility facilities.
36 (2) (a) A public utility easement provides a public utility with:
37 (i) the right to install, maintain, operate, repair, remove, replace, or relocate public
38 utility facilities; and
39 (ii) the rights of ingress and egress within the public utility easement for public utility
40 employees, contractors, and agents.
41 (b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the
42 expense of the public utility, any fence, grass, soil, shrubbery, bushes, flowers, other low level
43 vegetation, sprinkler system, irrigation system, gravel, flat concrete, or asphalt damaged or
44 displaced from the exercise of the easement rights described in Subsection (2)(a).
45 (3) Except as provided in Subsection (2)(b), if a property owner places improvements
46 to land that interfere with the easement rights described in Subsection (2)(a), the property
47 owner shall bear the risk of loss or damage to those improvements resulting from the exercise
48 of the easement rights described in Subsection (2)(a).
49 (4) (a) Except as provided in Subsection (4)(b), a public utility easement is
50 nonexclusive and may be used by more than one public utility.
51 (b) Notwithstanding Subsection (4)(a), a public utility may not:
52 (i) interfere with any facility of another public utility within the public utility easement;
53 or
54 (ii) infringe on the legally required distances of separation between public utility
55 facilities required by federal, state, or local law.
56 (5) A subdivision plat that includes a public utility easement may not be approved by a
57 county or municipality unless the subdivider has provided the county or municipality proof that
58 the subdivider has, as a courtesy, previously notified each public utility that is anticipated to

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House Floor Amendments 3-12-2009 je/rhr

Senate 2nd Reading Amendments 3-9-2009 rd/rhr

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Senate Committee Amendments 2-26-2009 rd/rhr 59

provide service to the subdivision.
60 (6) A person may not acquire, whether by adverse possession, prescription,
60a S. acquiescence, .S or
61 otherwise, any right, title, or interest in a public utility easement or protected utility easement
62 that is adverse to or interferes with a public utility's full use of the easement for the purposes
63 for which the easement was created.
64 (7) A gas corporation's S. H. [ or ] , .H electric corporation's .S H. , or telephone
64a1 corporation's .H failure to possess, occupy, or use
64a a protected utility easement
65 does not diminish or extinguish any right that the gas corporation S. H. [ or ] , .H electric
65a1 corporation .S H. , or telephone corporation .H
65a has under the easement.
65b S. (8) Nothing in this section may be construed to affect the right of a condemnor to
65c condemn a public utility easement as provided by law. .S

Legislative Review Note
as of 2-16-09 6:56 AM

Office of Legislative Research and General Counsel