78B-2-201. Actions by the state.
| (1) |
The state may not bring an action against any person for or with respect to any real property, its issues or profits, based upon the state’s right or title to the real property, unless:
Terms Used In Utah Code 78B-2-201- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
| (a) |
the right or title to the property accrued within seven years before any action or other proceeding is commenced; or |
| (b) |
the state or those from whom it claims received all or a portion of the rents and profits from the real property within the immediately preceding seven years. |
|
| (2) |
The statute of limitations in this section runs from the date on which the state or those from whom it claims received actual notice of the facts giving rise to the action. |
Amended by Chapter 2, 2015 Special Session 1
