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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
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:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 78B-2-216, as renumbered and amended by Laws of Utah 2008, Chapter 3
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 public streets or ways -- Water facilities.
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.
33 possession, prescriptive use, or acquiescence any right in or title to any real property:
34 (a) held by a [
35 (b) designated for any present or future public use [
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) Subsection (2) does not apply if:
47 (a) a government entity sold, disposed of, or conveyed the right in, or title to, the real
48 property to a purchaser for valuable consideration[
50 (b) the purchaser or the purchaser's grantees or successors in interest[
52 seven consecutive years after the day on which the real property was sold, disposed of, or
53 conveyed as described in Subsection (3)(a).
Legislative Review Note
as of 12-9-09 9:55 AM