S.B. 87

1

MARKETABLE RECORD TITLE AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stuart C. Reid
5 House Sponsor: Ryan D. Wilcox
6
7 LONG TITLE
8 General Description:
9 This bill modifies a marketable record title provision.
10 Highlighted Provisions:
11 This bill:
12 . modifies a provision indicating interests and rights that marketable record title
13 provisions may not be applied to bar or extinguish;
14 . expands a provision prohibiting the extinguishment of certain easement rights to
15 apply to any right, title, or interest;
16 . expands a provision prohibiting the extinguishment of specified state property to
17 apply to any right, title, or interest of the state or political subdivision of the state;
18 and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 57-9-6, as last amended by Laws of Utah 1999, Chapter 241
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 57-9-6 is amended to read:
30 57-9-6. Applicability of provisions.
31 This [act] chapter may not be applied to [bar]:
32 (1) [any] bar a lessor or [his] the lessor's successor as a reversioner of [his] the right to
33 possession on the expiration of any lease; [or]
34 (2) extinguish any right, title, or interest, including an easement or interest in the nature
35 of an easement created or held for any pipeline, highway, railroad, or public utility purpose[, or
36 any];
37 (3) extinguish an easement or interest in the nature of an easement, the existence of
38 which is clearly observable by physical evidence of its use; [or]
39 [(3)] (4) extinguish any water rights, whether evidenced by decrees, by certificates of
40 appropriation, by diligence claims to the use of surface or underground water, or by water
41 users' claims filed in general determination proceedings; [or]
42 [(4)] (5) extinguish any right, title, estate, or interest in and to minerals, and any
43 development, mining, production or other rights or easements related to the minerals or
44 exercisable in connection with the minerals; [or]
45 [(5)] (6) extinguish any right, title, or interest of the state [in school or institutional
46 trust lands or sovereign lands] or political subdivision of the state; or
47 [(6)] (7) extinguish any right, title, or interest of the United States, by reason of failure
48 to file the notice [herein] required under this chapter.




Legislative Review Note
as of 2-3-11 1:15 PM

Office of Legislative Research and General Counsel