Utah § 72-5-309 Acceptance of rights-of-way -- Notice of acknowledgment required.

Utah Statutes

§ 72-5-309 — Acceptance of rights-of-way -- Notice of acknowledgment required.

Utah § 72-5-309

Title 72Transportation Code

Ch. 72-5Rights-Of-Way Act

Part 72-5-3Rights-Of-Way Across Federal Lands Act

This text of Utah § 72-5-309 (Acceptance of rights-of-way -- Notice of acknowledgment required.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 72-5-309 (2026).

Text

(1)The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section 72-5-103.

(2)If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.

(3)A notice of acknowledgment of the R.S. 2477 grant shall include:

(3)(a) a statement of reasons for the acknowledgment;

(3)(b) a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice

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(1) The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section 72-5-103.
(2) If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.
(3) A notice of acknowledgment of the R.S. 2477 grant shall include:

(3)(a) a statement of reasons for the acknowledgment;
(3)(b) a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained;
(3)(c) a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and
(3)(d) a statement of the time limit provided in Section 72-5-310 for filing a petition.
(4) (4)(a) (4)(a)(i) The governor or the governor's designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state's property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist.
(4)(a)(ii) (4)(a)(ii)(A) A notice of acknowledgment recorded in the county recorder's office is not required to be accompanied by a paper copy of the center-line description.
(4)(a)(ii)(B) A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(4)(a)(ii)(C) An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:
(4)(a)(ii)(C)(I) the county recorder's office; or
(4)(a)(ii)(C)(II) the Utah Geospatial Resource Center created in Section 63A-16-505.
(4)(b) A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon:
(4)(b)(i) expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or
(4)(b)(ii) a final court decision that the notice of acknowledgment was not incorrect.