1     
UNIFORM EASEMENT RELOCATION ACT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Uniform Easement Relocation Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses the applicability of the Uniform Easement Relocation Act (Act) to certain
14     easements;
15          ▸     excludes certain easements from relocation under the Act;
16          ▸     establishes the right of a property owner to relocate an easement in certain
17     circumstances;
18          ▸     allows a property owner to commence a civil action to relocate an easement;
19          ▸     provides the requirements for commencing a civil action to relocate an easement;
20          ▸     addresses a court order for relocation of an easement;
21          ▸     requires the parties to a civil action for easement relocation to act in good faith in
22     facilitating relocation;
23          ▸     addresses when a proposed easement relocation is considered to be final and
24     complete;
25          ▸     addresses the effect of an easement relocation under the Act;
26          ▸     provides that the right of a property to relocate an easement under the Act cannot be
27     waived, excluded, or restricted by agreement;
28          ▸     provides that the law should be applied and construed to promote uniformity with

29     other states that enact the Act;
30          ▸     contains a provision on the Act's relation to the Electronic Signatures in Global
31     National Commerce Act;
32          ▸     provides that the Act applies to an easement created before, on, or after the effective
33     date of this bill; and
34          ▸     provides a severability clause.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          None
39     Utah Code Sections Affected:
40     ENACTS:
41          57-13c-101, Utah Code Annotated 1953
42          57-13c-102, Utah Code Annotated 1953
43          57-13c-103, Utah Code Annotated 1953
44          57-13c-104, Utah Code Annotated 1953
45          57-13c-105, Utah Code Annotated 1953
46          57-13c-106, Utah Code Annotated 1953
47          57-13c-107, Utah Code Annotated 1953
48          57-13c-108, Utah Code Annotated 1953
49          57-13c-109, Utah Code Annotated 1953
50          57-13c-110, Utah Code Annotated 1953
51          57-13c-111, Utah Code Annotated 1953
52          57-13c-112, Utah Code Annotated 1953
53          57-13c-113, Utah Code Annotated 1953
54          57-13c-114, Utah Code Annotated 1953
55     


56     Be it enacted by the Legislature of the state of Utah:
57          Section 1. Section 57-13c-101 is enacted to read:
58     
CHAPTER 13c. UNIFORM EASEMENT RELOCATION ACT

59          57-13c-101. Definitions.
60          As used in this chapter:
61          (1) "Appurtenant easement" means an easement tied to, or dependent on, ownership or
62     occupancy of a unit or a parcel of real property.
63          (2) "Common-interest community" means:
64          (a) an association of unit owners, as defined in Section 57-8-3;
65          (b) an association, as defined in Section 57-8a-102; or
66          (c) a cooperative, as defined in Section 57-23-2.
67          (3) "Conservation easement" means a nonpossessory property interest created for one
68     or more of the following conservation purposes:
69          (a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological,
70     ecological, or open-space values of real property;
71          (b) ensuring the availability of real property for agricultural, forest,
72     outdoor-recreational, or open-space uses;
73          (c) protecting natural resources, including wetlands, grasslands, and riparian areas;
74          (d) maintaining or enhancing air or water quality;
75          (e) preserving the historical, architectural, archeological, paleontological, or cultural
76     aspects of real property; or
77          (f) any other purpose under Chapter 18, Land Conservation Easement Act.
78          (4) "Dominant estate" means an estate or interest in real property benefitted by an
79     appurtenant easement.
80          (5) "Easement" means a nonpossessory property interest that:
81          (a) provides a right to enter, use, or enjoy real property owned by or in the possession
82     of another; and

83          (b) imposes on the owner or possessor a duty not to interfere with the entry, use, or
84     enjoyment permitted by the instrument creating the easement or, in the case of an easement not
85     established by express grant or reservation, the entry, use, or enjoyment authorized by law.
86          (6) "Easement holder" means:
87          (a) in the case of an appurtenant easement, the dominant estate owner; or
88          (b) in the case of an easement in gross, a public-entity easement, a public-utility
89     easement, a conservation easement, or a negative easement, the grantee of the easement or a
90     successor.
91          (7) "Easement in gross" means an easement not tied to, or dependent on, ownership or
92     occupancy of a unit or a parcel of real property.
93          (8) "Highway" means the same as that term is defined in Section 72-1-102.
94          (9) "Lessee of record" means a person holding a lessee's interest under a recorded lease
95     or memorandum of lease.
96          (10) "Negative easement" means a nonpossessory property interest whose primary
97     purpose is to impose on a servient estate owner a duty not to engage in a specified use of the
98     estate.
99          (11) "Person" means an individual, an estate, a business or a nonprofit entity, a public
100     corporation, a government or governmental subdivision, an agency, or an instrumentality, or
101     other legal entity.
102          (12) "Public entity" means:
103          (a) the United States;
104          (b) an agency of the United States;
105          (c) the state;
106          (d) a political subdivision of the state; or
107          (e) an agency of the state or a political subdivision of the state.
108          (13) "Public-entity easement" means a nonpossessory property interest in which the
109     easement holder is a public entity.

110          (14) "Public utility" means the same as that term is defined in Section 54-2-1.
111          (15) (a) "Public-utility easement" means a nonpossessory property interest, including
112     an easement, a right of way, a grant, a permit, a license, or a similar right, that has been granted
113     to:
114          (i) a public utility;
115          (ii) a publicly regulated utility or a publicly owned utility under federal law or the laws
116     of this state or a municipality;
117          (iii) an interstate utility regulated by the Federal Energy Regulatory Commission; or
118          (iv) a utility cooperative.
119          (b) "Public-utility easement" includes:
120          (i) an easement benefitting an intrastate utility, an interstate utility, or a utility
121     cooperative;
122          (ii) a protected utility easement as defined in Section 54-3-27; and
123          (iii) a public utility easement as defined in Section 54-3-27.
124          (16) "Public transit facility" means the same as that term is defined in Section
125     72-1-102.
126          (17) (a) "Real property" means an estate or interest in, over, or under land, including
127     structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of
128     land whether or not described or mentioned in the contract of sale or instrument of conveyance.
129          (b) "Real property" includes:
130          (i) the interest of a lessor and lessee; and
131          (ii) an interest in a common-interest community, unless the interest is personal property
132     under Chapter 23, Real Estate Cooperative Marketing Act.
133          (18) "Record," used as a noun, means information that is inscribed on a tangible
134     medium or that is stored in an electronic or other medium and is retrievable in perceivable
135     form.
136          (19) (a) "Security instrument" means a mortgage, a deed of trust, a security deed, a

137     contract for deed, a lease, or other record that creates or provides for an interest in real property
138     to secure payment or performance of an obligation, whether by acquisition or retention of a
139     lien, a lessor's interest under a lease, or title to the real property.
140          (b) "Security instrument" includes:
141          (i) a security instrument that also creates or provides for a security interest in personal
142     property;
143          (ii) a modification or amendment of a security instrument; and
144          (iii) a record creating a lien on real property to secure an obligation under a covenant
145     running with the real property or owed by a unit owner in a common-interest community.
146          (20) "Security-interest holder of record" means a person holding an interest in real
147     property created by a recorded security instrument.
148          (21) "Servient estate" means an estate or interest in real property that is burdened by an
149     easement.
150          (22) "Title evidence" means a title insurance policy, a preliminary title report or binder,
151     a title insurance commitment, an abstract of title, an attorney's opinion of title based on
152     examination of public records or an abstract of title, or any other means of reporting the state of
153     title to real property that is customary in the locality.
154          (23) "Unit" means a physical portion of a common-interest community designated for
155     separate ownership or occupancy with boundaries described in a declaration establishing the
156     common-interest community.
157          (24) (a) "Utility cooperative" means a non-profit entity whose purpose is to deliver a
158     utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water, or
159     telecommunications, to the non-profit entity's customers or members.
160          (b) "Utility cooperative" includes an electric cooperative, a rural electric cooperative, a
161     rural water district, and a rural water association.
162          (25) "Water-conveyance easement" means a ditch, canal, flume, pipeline, or other
163     watercourse used to convey water used for irrigation or storm water drainage, culinary or

164     industrial water, or a federal water project facility.
165          Section 2. Section 57-13c-102 is enacted to read:
166          57-13c-102. Scope -- Exclusions.
167          (1) Except as otherwise provided in Subsection (2), this chapter applies to an easement
168     established:
169          (a) by express grant or reservation; or
170          (b) by prescription, implication, necessity, estoppel, or other method.
171          (2) This chapter may not be used to relocate:
172          (a) a conservation easement, a negative easement, a public-entity easement, a
173     public-utility easement, or a water-conveyance easement;
174          (b) an easement held by a mine operator and used in connection with a vested mining
175     use that is recorded in accordance with Section 17-41-501;
176          (c) any easement associated in any way with a highway or a public transit facility; or
177          (d) an easement if the proposed location would:
178          (i) encroach on an area of an estate burdened by a conservation easement, a
179     public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or
180     a public transit facility; or
181          (ii) interfere with the use or enjoyment of:
182          (A) a public-entity easement, a public-utility easement, or a water-conveyance
183     easement; or
184          (B) an easement appurtenant to a conservation easement, a highway, or a public transit
185     facility.
186          (3) This chapter does not apply to relocation of an easement by consent.
187          Section 3. Section 57-13c-103 is enacted to read:
188          57-13c-103. Right of servient estate owner to relocate easement.
189          A servient estate owner may relocate an easement under this chapter only if the
190     relocation does not materially:

191          (1) lessen the utility of the easement;
192          (2) after the relocation, increase the burden on the easement holder in the easement
193     holder's reasonable use and enjoyment of the easement;
194          (3) impair an affirmative, easement-related purpose for which the easement was
195     created;
196          (4) during or after the relocation, impair the safety of the easement holder or another
197     person entitled to use and enjoy the easement;
198          (5) during the relocation, disrupt the use and enjoyment of the easement by the
199     easement holder or another person entitled to use and enjoy the easement, unless the servient
200     estate owner substantially mitigates the duration and nature of the disruption;
201          (6) impair the physical condition, use, or value of the dominant estate or improvements
202     on the dominant estate;
203          (7) impair the value of the collateral of a security-interest holder of record in the
204     servient estate or dominant estate;
205          (8) impair a real-property interest of a lessee of record in the dominant estate; or
206          (9) impair a recorded real-property interest of any other person in the servient estate or
207     dominant estate.
208          Section 4. Section 57-13c-104 is enacted to read:
209          57-13c-104. Commencement of civil action.
210          (1) To obtain an order to relocate an easement under this chapter, a servient estate
211     owner shall commence a civil action.
212          (2) (a) Except as provided in Subsection (2)(b), a servient estate owner that
213     commences a civil action under Subsection (1) shall serve a summons and complaint on:
214          (i) the easement holder whose easement is the subject of the relocation;
215          (ii) a security-interest holder of record of an interest in the servient estate or dominant
216     estate;
217          (iii) a lessee of record of an interest in the dominant estate; and

218          (iv) any other owner of a recorded real-property interest if the relocation would
219     encroach on an area of the servient estate or dominant estate burdened by the interest.
220          (b) A servient estate owner is not required to serve a summons and complaint under
221     Subsection (2)(a) on the owner of a recorded real-property interest in oil, gas, or minerals in the
222     dominant estate unless:
223          (i) the real-property interest includes an easement to facilitate oil, gas, or mineral
224     development; or
225          (ii) the owner is a lessee of record of a real-property interest in oil, gas, or minerals in
226     the dominant estate.
227          (3) A complaint under this section shall state:
228          (a) the intent of the servient estate owner to seek the relocation;
229          (b) the nature, extent, and anticipated dates of commencement and completion of the
230     proposed relocation;
231          (c) the current and proposed locations of the easement;
232          (d) the reason the easement is eligible for relocation under Section 57-13c-102;
233          (e) the reason the proposed relocation satisfies the conditions for relocation under
234     Section 57-13c-103; and
235          (f) that the servient estate owner has made a reasonable attempt to notify the holders of
236     any public-utility easement, conservation easement, or negative easement on the servient estate
237     or dominant estate of the proposed relocation.
238          (4) (a) At any time before the court renders a final order in an action under Subsection
239     (1), a person served under Subsection (2)(a)(ii), (iii), or (iv) may file a document, in recordable
240     form, that waives the person's rights to contest or obtain relief in connection with the relocation
241     or subordinates the person's interests to the relocation.
242          (b) On filing of the document, the court may order that the person is not required to
243     answer or participate further in the action.
244          Section 5. Section 57-13c-105 is enacted to read:

245          57-13c-105. Required findings -- Order -- Recording of relocated easement.
246          (1) The court may not approve relocation of an easement under this chapter unless the
247     servient estate owner:
248          (a) establishes that the easement is eligible for relocation under Section 57-13c-102;
249     and
250          (b) satisfies the conditions for relocation under Section 57-13c-103.
251          (2) An order under this chapter approving relocation of an easement shall:
252          (a) state that the order is issued in accordance with this chapter;
253          (b) recite the recording data of the instrument creating the easement, if any, and any
254     amendments and any notice under Chapter 9, Marketable Record Title;
255          (c) identify the immediately preceding location of the easement;
256          (d) describe in a legally sufficient manner the new location of the easement;
257          (e) describe mitigation required of the servient estate owner during relocation;
258          (f) refer in detail to the plans and specifications of improvements necessary for the
259     easement holder to enter, use, and enjoy the easement in the new location;
260          (g) specify conditions to be satisfied by the servient estate owner to relocate the
261     easement and construct improvements necessary for the easement holder to enter, use, and
262     enjoy the easement in the new location;
263          (h) include a provision for payment by the servient estate owner of expenses under
264     Section 57-13c-106;
265          (i) include a provision for compliance by the parties with the obligation of good faith
266     under Section 57-13c-107; and
267          (j) instruct the servient estate owner to record an affidavit, if required under Subsection
268     57-13c-108(1), when the servient estate owner substantially completes relocation.
269          (3) An order under Subsection (2) may include any other provision consistent with this
270     chapter for the fair and equitable relocation of the easement.
271          (4) (a) Before a servient estate owner proceeds with relocation of an easement under

272     this chapter, the servient estate owner shall:
273          (i) record, in the land records of each jurisdiction where the servient estate is located, a
274     certified copy of the order under Subsection (2); or
275          (ii) if the easement was established by the recording of a subdivision plat or a
276     condominium plat, record an amended plat in the land records for the jurisdiction where the
277     servient estate is located.
278          (b) If a servient estate owner is required to record an amended plat under Subsection
279     (4)(a)(ii):
280          (i) the servient estate owner is not required to obtain the signatures on the amended plat
281     of the other property owners within the platted area or provide notice of the amended plat; and
282          (ii) the applicable land use authority is not required to hold a public hearing or consider
283     the amended plat in a public meeting if the easement relocation is the only amendment to the
284     plat.
285          (c) If a public entity is required to sign an amended plat, the public entity shall sign the
286     amended plat for compliance with the order under Subsection (2).
287          Section 6. Section 57-13c-106 is enacted to read:
288          57-13c-106. Expenses of relocation.
289          A servient estate owner is responsible for reasonable expenses of relocation of an
290     easement under this chapter, including the expense of:
291          (1) constructing improvements on the servient estate or dominant estate in accordance
292     with an order under Section 57-13c-105;
293          (2) removing and demolishing any existing improvements on the dominant estate in
294     accordance with an order under Section 57-13-105;
295          (3) any liability or damages incurred by the easement holder arising out of the
296     relocation of the easement, including environmental investigation, remediation, restoration, or
297     reclamation expenses and any reasonable attorney fees associated with the liability or damages
298     incurred by the easement holder;

299          (4) any cleanup, removal, repair, remediation, detoxification, or restoration required by
300     a public entity;
301          (5) during the relocation, mitigating disruption in the use and enjoyment of the
302     easement by the easement holder or another person entitled to use and enjoy the easement;
303          (6) obtaining a governmental approval or permit to relocate the easement and construct
304     necessary improvements;
305          (7) preparing and recording the certified copy required by Subsection 57-13c-105(4)
306     and any other document required to be recorded;
307          (8) any title, survey, or site investigation work required to complete the relocation or
308     required by a party to the civil action as a result of the relocation;
309          (9) applicable premiums for title insurance related to the relocation;
310          (10) any expert necessary to review plans and specifications for an improvement to be
311     constructed in the relocated easement or on the dominant estate and to confirm compliance
312     with the plans and specifications referred to in the order under Subsection 57-13c-105(2)(f);
313          (11) payment of any maintenance cost associated with the relocated easement that is
314     greater than the maintenance cost associated with the easement before relocation; and
315          (12) obtaining any third-party consent required to relocate the easement.
316          Section 7. Section 57-13c-107 is enacted to read:
317          57-13c-107. Duty to act in good faith.
318          After the court, under Section 57-13c-105, approves relocation of an easement and the
319     servient estate owner commences the relocation, the servient estate owner, the easement holder,
320     and other parties in the civil action shall act in good faith to facilitate the relocation in
321     compliance with this chapter.
322          Section 8. Section 57-13c-108 is enacted to read:
323          57-13c-108. Relocation affidavit.
324          (1) If an order under Section 57-13c-105 requires the construction of an improvement
325     as a condition for relocation of an easement, relocation is substantially complete, and the

326     easement holder is able to enter, use, and enjoy the easement in the new location, the servient
327     estate owner shall:
328          (a) record, in the land records of each jurisdiction where the servient estate is located,
329     an affidavit certifying that the easement has been relocated; and
330          (b) send, by certified mail, a copy of the recorded affidavit to the easement holder and
331     parties to the civil action.
332          (2) Until an affidavit under Subsection (1) is recorded and sent, the easement holder
333     may enter, use, and enjoy the easement in the current location, subject to the court's order under
334     Section 57-13c-105 approving relocation.
335          (3) If an order under Section 57-13c-105 does not require an improvement to be
336     constructed as a condition of the relocation, recording the order under Subsection
337     57-13c-105(4) constitutes relocation.
338          Section 9. Section 57-13c-109 is enacted to read:
339          57-13c-109. Limited effect on relocation.
340          (1) Relocation of an easement under this chapter:
341          (a) is not a new transfer or a new grant of an interest in the servient estate or the
342     dominant estate;
343          (b) is not a breach or default of, and does not trigger, a due-on-sale clause or other
344     transfer-restriction clause under a security instrument, except as otherwise determined by a
345     court under a law other than this chapter;
346          (c) is not a breach or default of a lease, except as otherwise determined by a court
347     under a law other than this chapter;
348          (d) is not a breach or default by the servient estate owner of a recorded document
349     affected by the relocation, except as otherwise determined by a court under a law other than
350     this chapter;
351          (e) does not affect the priority of the easement with respect to other recorded
352     real-property interests burdening the area of the servient estate where the easement was located

353     before the relocation; and
354          (f) is not a fraudulent conveyance or voidable transaction under law.
355          (2) This chapter does not affect any other method of relocating an easement permitted
356     under a law of this state other than this chapter.
357          Section 10. Section 57-13c-110 is enacted to read:
358          57-13c-110. Nonwaiver.
359          The right of a servient estate owner to relocate an easement under this chapter may not
360     be waived, excluded, or restricted by agreement even if:
361          (1) the instrument creating the easement prohibits relocation or contains a waiver,
362     exclusion, or restriction of this chapter;
363          (2) the instrument creating the easement requires consent of the easement holder to
364     amend the terms of the easement; or
365          (3) the location of the easement is fixed by the instrument creating the easement,
366     another agreement, previous conduct, acquiescence, estoppel, or implication.
367          Section 11. Section 57-13c-111 is enacted to read:
368          57-13c-111. Uniformity of application and construction.
369          In applying and construing this uniform act, consideration shall be given to the need to
370     promote uniformity of the uniform law with respect to the uniform law's subject matter among
371     the states that enact the uniform law.
372          Section 12. Section 57-13c-112 is enacted to read:
373          57-13c-112. Relation to Electronic Signatures in Global and National Commerce
374     Act.
375          This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
376     National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
377     Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
378     notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
379          Section 13. Section 57-13c-113 is enacted to read:

380          57-13c-113. Transitional provision.
381          This chapter applies to an easement created before, on, or after May 4, 2022.
382          Section 14. Section 57-13c-114 is enacted to read:
383          57-13c-114. Severability.
384          If any provision of this chapter or the application of the chapter to any person or
385     circumstance is held invalid, the invalidity does not affect other provisions or applications of
386     this chapter that can be given effect without the invalid provision or application, and to this end
387     the provisions of this chapter are severable.