Utah Code 10-8-14.5. Utility easements — Use for water or sewerage service
Current as of: 2023 | Check for updates
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| (1) | If a municipality grants a general utility easement for the provision of electric, gas, or telephone service, the grant may also provide that the easement may be used by the corporation or other entity that provides water or sewerage service to the municipality’s residents. |
| (a) | a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; |
| (b) | a town, as classified in Section 10-2-301; or |
| (c) | a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 |
| (2) | A general utility easement described in Subsection (1) is subject to the provisions imposed on a public utility easement under Section 54-3-27. |
| (3) | If a municipality acquires a utility easement through the exercise of its eminent domain power for use under this section, the owner of the servient estate may realign the easement at the servient estate owner’s expense unless the alignment cannot be reasonably changed because of engineering or safety requirements. |
Amended by Chapter 246, 2007 General Session