§ 57-13c-101 Definitions
§ 57-13c-102 Scope — Exclusions
§ 57-13c-103 Right of servient estate owner to relocate easement
§ 57-13c-104 Commencement of civil action
§ 57-13c-105 Required findings — Order — Recording of relocated easement
§ 57-13c-106 Expenses of relocation
§ 57-13c-107 Duty to act in good faith
§ 57-13c-108 Relocation affidavit
§ 57-13c-109 Limited effect on relocation
§ 57-13c-110 Nonwaiver
§ 57-13c-111 Uniformity of application and construction
§ 57-13c-112 Relation to Electronic Signatures in Global and National Commerce Act
§ 57-13c-113 Transitional provision
§ 57-13c-114 Severability
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Terms Used In Utah Code > Title 57 > Chapter 13c - Uniform Easement Relocation Act

  • Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
  • Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
  • Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
  • Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
  • Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
  • 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
  • Common-interest community: means :
    (a) an association of unit owners, as defined in Section 57-8-3;
    (b) an association, as defined in Section 57-8a-102; or
    (c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
    (a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;
    (b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;
    (c) protecting natural resources, including wetlands, grasslands, and riparian areas;
    (d) maintaining or enhancing air or water quality;
    (e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or
    (f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • 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
  • Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. 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
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Health care professionals in training: means medical students and residents, advance practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 26B-4-701
  • Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
  • Hospital: means a general acute hospital, as defined in Section 26B-2-201. See Utah Code 26B-4-701
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
  • 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.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Physician: means a person:
    (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-4-701
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Public transit facility: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
  • Public utility: means the same as that term is defined in Section 54-2-1. See Utah Code 57-13c-101
  • Public-entity easement: means a nonpossessory property interest in which the easement holder is a public entity. See Utah Code 57-13c-101
  • Public-utility easement: includes :
    (i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;
    (ii) a protected utility easement as defined in Section 54-3-27; and
    (iii) a public utility easement as defined in Section 54-3-27. See Utah Code 57-13c-101
  • Qualified individual: means an individual who:
    (a) is at least 22 years old;
    (b) is a resident of the state;
    (c) has been diagnosed by a qualified professional as having:
    (i) an autism spectrum disorder; or
    (ii) another neurodevelopmental disorder requiring significant supports through treatment using applied behavior analysis; and
    (d) needs significant supports for a condition described in Subsection (6)(c), as demonstrated by formal assessments of the individual's:
    (i) cognitive ability;
    (ii) adaptive ability;
    (iii) behavior; and
    (iv) communication ability. See Utah Code 26B-4-601
  • Qualified provider: means a provider that is qualified under Section 26B-4-603 to provide services for the program. See Utah Code 26B-4-601
  • Quorum: The number of legislators that must be present to do business.
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • Real property: includes :
    (i) the interest of a lessor and lessee; and
    (ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. See Utah Code 57-13c-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rural county: means a county with a population of less than 50,000, as determined by:
    (a) the most recent official census or census estimate of the United States Bureau of the Census; or
    (b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (7)(a). See Utah Code 26B-4-701
  • Rural hospital: means a hospital located within a rural county. See Utah Code 26B-4-701
  • Security instrument: includes :
    (i) a security instrument that also creates or provides for a security interest in personal property;
    (ii) a modification or amendment of a security instrument; and
    (iii) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. See Utah Code 57-13c-101
  • Security-interest holder of record: means a person holding an interest in real property created by a recorded security instrument. 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
  • 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: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • UMEC: means the Utah Medical Education Council created in Section 26B-4-706. See Utah Code 26B-4-701
  • Unit: means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. See Utah Code 57-13c-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utility cooperative: includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. See Utah Code 57-13c-101
  • Water-conveyance easement: means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility. See Utah Code 57-13c-101