§ 57-13c-102 — Scope -- Exclusions.

(1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established:

(1)(a) by express grant or reservation; or
(1)(b) by prescription, implication, necessity, estoppel, or other method.
(2) This chapter may not be used to relocate:

(2)(a) a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement;
(2)(b) an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501;
(2)(c) any easement associated in any way with a highway or a public transit facility; or
(2)(d) an easement if the proposed location would:
(2)(d)(i) encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or
(2)(d)(ii) interfere with the use or enjoyment of:

(2)(d)(ii)(A) a public-entity easement, a public-utility easement, or a water-conveyance easement; or
(2)(d)(ii)(B) an easement appurtenant to a conservation easement, a highway, or a public transit facility.
(3) This chapter does not apply to relocation of an easement by consent.

Legislative History

Enacted by Chapter 305, 2022 General Session