Section 102 – Scope — Exclusions.

• (1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established:
  • (a) by express grant or reservation; or
  • (b) by prescription, implication, necessity, estoppel, or other method.

• (2) This chapter may not be used to relocate:
  • (a) a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement;
  • (b) an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501;
  • (c) any easement associated in any way with a highway or a public transit facility; or
  • (d) an easement if the proposed location would:
    • (i) encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or
    • (ii) interfere with the use or enjoyment of:
      • (A) a public-entity easement, a public-utility easement, or a water-conveyance easement; or
      • (B) an easement appurtenant to a conservation easement, a highway, or a public transit facility.

• (3) This chapter does not apply to relocation of an easement by consent.

Enacted by Chapter 305, 2022 General Session