§ 18-11-703 — Scope - Exclusions

(a) Except as otherwise provided in subsection (b), this subchapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. (b) This subchapter may not be used to relocate: (1) a public-utility easement, telecommunications easement, conservation easement, or negative easement; (2) an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, telecommunications easement, or an easement appurtenant to a conservation easement; (3) An easement used by the State Highway Commission for highway purposes; or (4) An easement or right-of-way held by a public entity. (c) This subchapter does not apply to relocation of an easement by consent.

Legislative History

Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.