The court may not approve relocation of an easement under this chapter unless the servient estate owner:
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Terms Used In Utah Code 57-13c-105
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
Easement: means a nonpossessory property interest that:
(a)
provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
(b)
imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101
Easement holder: means :
(a)
in the case of an appurtenant easement, the dominant estate owner; or
(b)
in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
an agency of the state or a political subdivision of the state. See Utah Code 57-13c-101
Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
(a)
establishes that the easement is eligible for relocation under Section 57-13c-102; and
(b)
satisfies the conditions for relocation under Section 57-13c-103.
(2)
An order under this chapter approving relocation of an easement shall:
(a)
state that the order is issued in accordance with this chapter;
(b)
recite the recording data of the instrument creating the easement, if any, and any amendments and any notice under Chapter 9, Marketable Record Title;
(c)
identify the immediately preceding location of the easement;
(d)
describe in a legally sufficient manner the new location of the easement;
(e)
describe mitigation required of the servient estate owner during relocation;
(f)
refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g)
specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h)
include a provision for payment by the servient estate owner of expenses under Section 57-13c-106;
(i)
include a provision for compliance by the parties with the obligation of good faith under Section 57-13c-107; and
(j)
instruct the servient estate owner to record an affidavit, if required under Subsection 57-13c-108(1), when the servient estate owner substantially completes relocation.
(3)
An order under Subsection (2) may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4)
(a)
Before a servient estate owner proceeds with relocation of an easement under this chapter, the servient estate owner shall:
(i)
record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under Subsection (2); or
(ii)
if the easement was established by the recording of a subdivision plat or a condominium plat, record an amended plat in the land records for the jurisdiction where the servient estate is located.
(b)
If a servient estate owner is required to record an amended plat under Subsection (4)(a)(ii):
(i)
the servient estate owner is not required to obtain the signatures on the amended plat of the other property owners within the platted area or provide notice of the amended plat; and
(ii)
the applicable land use authority is not required to hold a public hearing or consider the amended plat in a public meeting if the easement relocation is the only amendment to the plat.
(c)
If a public entity is required to sign an amended plat, the public entity shall sign the amended plat for compliance with the order under Subsection (2).
