Utah Code 57-13c-106. Expenses of relocation

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:

(1)	constructing improvements on the servient estate or dominant estate in accordance with an order under Section 57-13c-105;

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Terms Used In Utah Code 57-13c-106

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
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
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

Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101

Public entity: means :

(a)	the United States;

(b)	an agency of the United States;

(c)	the state;

(d)	a political subdivision of the state; or

(e)	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
(2)	removing and demolishing any existing improvements on the dominant estate in accordance with an order under Section 57-13c-105;

(3)	any liability or damages incurred by the easement holder arising out of the relocation of the easement, including environmental investigation, remediation, restoration, or reclamation expenses and any reasonable attorney fees associated with the liability or damages incurred by the easement holder;

(4)	any cleanup, removal, repair, remediation, detoxification, or restoration required by a public entity;

(5)	during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;

(6)	obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;

(7)	preparing and recording the certified copy required by Subsection 57-13c-105(4) and any other document required to be recorded;

(8)	any title, survey, or site investigation work required to complete the relocation or required by a party to the civil action as a result of the relocation;

(9)	applicable premiums for title insurance related to the relocation;

(10)	any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under Subsection 57-13c-105(2)(f);

(11)	payment of any maintenance cost associated with the relocated easement that is greater than the maintenance cost associated with the easement before relocation; and

(12)	obtaining any third-party consent required to relocate the easement.

Enacted by Chapter 305, 2022 General Session

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