Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Floating access: means the right to access public water flowing over private property for floating and fishing while floating upon the water. See Utah Code 73-29-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
(i)
floating;
(ii)
fishing; or
(iii)
waterfowl hunting conducted:
(A)
in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and
(B)
so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102
(a)
A person, including the division, may file a quiet title action in accordance with 13, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203.
(b)
The division may intervene in a quiet title action filed in accordance with Subsection (1).
(c)
The division may not be compelled to:
(i)
file a quiet title action; or
(ii)
join a quiet title action filed by another person.
(2)
The claimant in a quiet title action under Subsection (1) shall:
(a)
name the property owner of record as a party; and
(b)
notify the division of the suit by certified mail no later than 20 days after the day on which the quiet title action is filed.
(3)
Within five days after receiving notice in accordance with Subsection (2)(b), the division shall post notice of a quiet title action under this section on its Internet website.
(4)
A quiet title action under this section shall be commenced within four years after the day on which a period of prescriptive use ceases.
(5)
The burden of proof for a quiet title action under this section is on the claimant to prove the existence of a right to public recreational access or floating access under Section 73-29-203 by clear and convincing evidence.
(6)
A quiet title action under this section is limited to a declaration concerning the property and property owner joined in the action.
(7)
(a)
Multiple claimants and multiple property owners may be included in a quiet title action concerning public water common to the property owners.
(b)
In a case with multiple property owners, the court shall make a separate finding concerning each property owner included in the action.
(8)
A final judgment on the merits that a piece of private property is not subject to public recreational access:
(a)
is binding; and
(b)
may not be challenged in subsequent litigation.
(9)
The court may award attorney fees and costs in an action under this section if the court finds that the losing party’s arguments lack a reasonable basis in law or fact.
