§ 53C-2-106 — Identification and recording of public roads located on trust lands.

(1) The director shall:
(1)(a) subject to Subsection (2), using the State Geographic Information Database created in Section 63A-16-506, and other available information, identify temporary public easements or rights of entry granted pursuant to Section 72-5-203 for roads located on trust lands within each county; and
(1)(b) subject to Section 72-5-203, record with the county recorder of the county in which the temporary public easement or right of entry is located a grant or permanent easement as described in Subsection (4) that gives notice of the existence of the public road.
(2) (2)(a) Subject to Subsection (2)(b), the director may complete the requirements of Subsection (1) over time and as resources allow.
(2)(b) For Carbon County, Garfield County, Grand County, Kane County, San Juan County, Uintah County, and Wayne County, the director shall complete the requirements described in Subsection (1) on or before January 5, 2026.
(3) The director is not required to identify or record notice of any class A, class B, or class C roads, as those terms are defined in Title 72, Chapter 3, Part 1, Highways in General.
(4) The grant of easement required in Subsection (1)(b) shall include:
(4)(a) a requirement that the roads remain open for public use; and
(4)(b) a legal description, as described in Subsection 57-3-105(4), of the relevant roads sufficient for reasonable identification of the road.
(5) (5)(a) If a parcel of trust lands is subject to a sale or an exchange as provided in this title, the director shall ensure that the requirements of Subsection (1) are completed before the sale or exchange is finalized.
(5)(b) The sale or exchange of trust lands is subject to the grant of permanent easement existing at the time of the sale or exchange.

Legislative History

Enacted by Chapter 131, 2025 General Session