S.B. 103 Enrolled

1

ADVERSE POSSESSION OF REAL PROPERTY
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: Don L. Ipson
6
7 LONG TITLE
8 General Description:
9 This bill prohibits a person from acquiring certain real property through adverse
10 possession, prescriptive use, or acquiescence that is held by a metropolitan water
11 district.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person from acquiring certain real property through adverse possession,
15 prescriptive use, or acquiescence that is held by a metropolitan water district; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78B-2-216, as renumbered and amended by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-2-216 is amended to read:
27 78B-2-216. Adverse possession of certain real property.
28 (1) As used in this section:
29 (a) "Government entity" means a town, city, county, or metropolitan water district.

30 (b) "Water facility" means any improvement or structure used, or intended to be used,
31 to divert, convey, store, measure, or treat water.
32 [A] (2) Except as provided in Subsection (3), a person may not acquire by adverse
33 possession, prescriptive use, or acquiescence any right in or title to any real property:
34 (a) held by a [town, city, or county] government entity; and
35 (b) designated for any present or future public use [as streets, lanes, avenues, alleys,
36 parks or public squares, or any other public purpose, unless the town, city, or county has sold,
37 or otherwise disposed of, and conveyed the], including:
38 (i) a street;
39 (ii) a lane;
40 (iii) an avenue;
41 (iv) an alley;
42 (v) a park;
43 (vi) a public square;
44 (vii) a water facility; or
45 (viii) a water conveyance right-of-way or water conveyance corridor.
46 (3) Notwithstanding Subsection (2) and subject to Subsection (4), a person may
47 acquire title if:
48 (a) a government entity sold, disposed of, or conveyed the right in, or title to, the real
49 property to a purchaser for valuable consideration[,]; and [more than seven years subsequent
50 to that conveyance]
51 (b) the purchaser or the purchaser's grantees or successors in interest[,] have been in
52 [the] exclusive, continuous, and adverse possession of the real [estate] property for at least
53 seven consecutive years after the day on which the real property was sold, disposed of, or
54 conveyed as described in Subsection (3)(a).
55 (4) A person who acquires title under Subsection (3) is subject to all other applicable
56 provisions of law.